Constitutional History and Nature

Q. 1. Write shorts note on Salient features of the Government of India Act, 1935. [BJS 1980]

Q. 2. State briefly the salient features of the Government of India Act, 1935. What were its main defects? [BJS 1991]

Q. 3. When did the Constitution of India come into force? [RJS 1984]

Q. 4. What extend did the Government of India Act, 1935 contribute to the present Constitution of India? Discuss, pointing out relevant provisions of each. [BJS 1986]

Q. 5. 'The Government of India Act, 1935, was federal in structure but unitary in spirit. Do you agree? Give reasons for your answer. [BJS 1979, 1984]

Q. 6. Write short note on Salient features of Indian Independence Act, 1947. [BJS 1980, 1987, 1991]

Q. 7. Write short note on Federal Court established under Government of India Act, 1935. [BJS 1987]

Preamble and Federalism

Q. 1. What are the major commitments incorporated in Preamble of Constitution of India? [MPCJ 2021]

Q. 2. Write short note on Preamble to the Constitution of India. [BJS 2000, BJS 2006, MPJS 2012]

Q. 3. What are the major commitments of the Constitution of India as incorporated in its Preamble? [MPJS 2014]

Q. 4.' Discuss briefly the 'three leading characters of a completely developed Federalism' mentioned by Dicey and point out the merits and demerits of a Federal Constitution. [BJS 1978]

Q. 5. It has been observed that 'since' the expression "quasi-federal" is liable to be used as a hide out for lurking federalism, it is appropriate that the fact that the Constitution of India is not federal should be started and acknowledged in those unambiguous, simple and accurate words. Develop arguments for this view and refute them, giving at the end of your answer own independent views in the matter. [BJS 1980]

Q. 6. "The Indian Constitution is federal in form but unitary in substance". Comment. [UPJS 2003]

Q. 7. Discuss the secular character of the Indian Constitution. [BJS 2000]

Q. 8. Describe "Preamble of Constitution of India" in brief.  [MPCJ 2019]

Fundamental Rights

Q. 1. What is meant by expression "the State" for the purpose of Part III (Fundamental Rights) of the Constitution of India? Explain with relevant case law. [RJS 2021]

Q. 2. What do you understand by Fundamental Rights? How do they differ from other rights? Are they amendable? Refer to important Supreme Court decisions on the subject. [BJS 1991] 

Q. 3. Can Parliament amend Part III of the Constitution of India relating to Fundamental Rights? Discuss. [UPJS 2016]

Q. 4. Against whom Fundamental Rights are available? In this context, refer to the meaning of the term 'State' in Part III of the Constitution. [UPJS 2018]

Q. 5. What do you understand by Fundamental Rights? How did they differ from other legal rights

(a) before the decision in Golak Nath case.

(b) after the decision in Golak Nath case and upto the passing of the Constitution 24th Amendment‘Act, and how do they now differ from them. After the passing of the Constitution 24th Amendment Act.

(c) after the passing of the Constitution 42nd Amendment Act. [BJS 1977]

Q. 6. How far do you agree with the statement that "the term 'other authorities' in Article 12 has been given a wide interpretation by the Courts"? [BJS 2017]

Law Inconsistent with or in Derogation of the Fundamental Rights (A. 13)

Q. 1. "Pardoning power of the President of India is not immune from Judicial Review Examine with the help of case law. [RJS 2021]

Q. 2. What are the application and interpretation of Article 13 of the Constitution? Discuss the doctrines precisely with leading cases. [BJS 2018]

Q. 3. What is Judicial Review? Discuss the nature and scope of Judicial Review. How is it different from appeal? [BJS 2018]

Q. 4. Explain the rule of severability with reference to clauses (1) and (2) of Article 13 of the Constitution.

Q. 5. Eight sections of Bombay Prohibition Act, 1949 and declared ultra vires on the ground that they infringed the Fundamental Rights of citizens. Can the rest of the Act survive? [UPJS 2012]

Q. 6. What do you understand by Judicial Review? What is the effect of Article 13 on Pre¬constitutional laws and Post-constitutional laws? Explain your answer with the help of decided cases. ' [UPJS 2013]

Q. 7. Briefly discuss the applicability of Doctrine of Severability under Article 13(1) of the Constitution of India. [RJS 2015]

Q. 8. Explain the doctrine of basic structure with the help of decided cases. Why has this doctrine been evolved by the judiciary? - [BJS 2018]

Q. 9. What is the Doctrine of Judicial Review? Is it part of the basic structure of the Constitution? Discuss in the light of latest decisions of the Supreme Court. [BJS 1987]

Q. 10. Can the privileges of the Parliament override the fundamental rights? [RJS 1988]

Right to Equality and Reservation (A. 14-16)

Q. 1. The Parliament of India passes a law making women ineligible for recruitment to the Indian Air Force. What fundamental right, if any, has been violated? Give reasons. [BJS 1978]

Q. 2. 'The right of Equality Before Law and the Equal Protection of Laws in the Indian, Constitution has been interpreted as to prohibit discrimination but permit classification. Comment on this statement and point out the basis on which such classification many be founded. Substantiate your answer with case-law. [BJS 1980]

Q. 3. Write short note on Equality before law and Equal protection of laws. [BJS 1987, RJS 2014, MPJS 2016]

Q. 4. "Arbitrariness is antithesis to Article 14 of the Constitution of India", Elaborate. [RJS 2015]

Q. 5. 'Arbitrariness and equality are sworn enemies". Explain. [UPJS 2003]

Q. 6. "Article 14 of India forbids class legislation, but does not forbid classification." Explain.

Section 118 of the Indian Succession Act, 1925 imposes restrictions oh Christians alone in the matter of bequest to religious or charitable purposes. Examine the constitutionality of this provision on the touchstone of Article. [UPJS 2012]

Q. 7. Describe prohibition of discrimination based on sex. Explain meaning, scope and extent of term "citizen" within the purview of Constitution of India. [MPJS 2014, 2019]

Q. 8. Discuss the terms "Equality before law" and "Equal Protection of laws" as provided in the Constitution of India. State the exceptions to it also? [MPJS 2016]

Q. 9. Write short note on Rule of Law. [MPJS 2011]

Right to Freedom Including Right to Speech and Expression (A. 19)

Q. 1. Discuss the scope of the "Freedom of Speech and Expression". Does it include freedom of press? Is it an absolute right? [MPJS 2016, MPCJ 2021]

Q. 2. A law fixes the ratio of advertisement space of newspapers at ten percent of the total space available. Examine the Constitutional validity of the law. [BJS 1975]

Q. 3. A law providing that the shops and establishments shall remain closed for one day in a week. Examine the Constitutional validity of the law. [BJS 1975]

Q. 4. A law prohibiting government servants from going on strike or having any demonstration for seeking their grievances redressed. Examine the Constitutional validity of the law. [BJS 1975]

Q. 5. There is in force in the city of Patna an order under Section 144 of the Code of Criminal Procedure prohibiting speeches in specified public place. A, a citizen, disobeys the order and is prosecuted. Discuss whether A can successfully invoke the guarantee of freedom of speech and expression contained in Article 19 of the Constitution of India. [BJS 1978]

Q. 6. What are the grounds for imposing 'reasonable restrictions on the exercise of the right to freedom of speech and expression by a citizen, under the Constitution of India.

X, a resident of Patna, migrates to Madras and establishes a cloth-shop there which is , commonly known as the 'North Indian Shop; Some local residents of Madras organize picketing at X's shop and dissuade customers from purchasing cloth from that shop.

Q. 7. Decide, if the above acts of picketing and dissuading by Madras residents are protected by Article 19(l)(a) of the Constitution of India which guarantees to every citizen the right to freedom of speech and expression. Give reasons for your answer. [BJS 1979]

Q. 8. "Freedom of speech can be restricted only in the interest of the security of the state, friendly relations with foreign states, public order, decency or. morality or in relation to contempt of Court, defamation or incitement to an offence." Elucidate the above statement with suitable case laws in relation to the freedom of the press. [UPJS 2015]

Q. 9. What view Supreme Court has taken in its recent decision on 'National Anthem'? [RJS 1986]

Protection in respect of Conviction (A. 20)

Q. 1. Write a note regarding involuntary subjection of a person to narco-analysis test, polygraph test and brain mapping test with special reference to the latest judgments of Supreme Court of India. [RJS 2016]

Q. 2. A is arrested by the police in connection with a FIR registered against him by name at the instance of X, the victim of the alleged rape by A. A is arrested and in due course sent to Judicial Custody. While in judicial custody, the police make an application to the court stating that A has been uncooperative during the time he was in their custody and for the purpose of an effective investigation, the police want to have a DNA Profile of A for a scientific investigation of some specimens collected during the investigation from the spot and the evidence furnished by the victim. A, on the advice of his counsel, declines to give the sample of his blood or semen, as called upon by the Police. He contends that in terms of the constitutional protection envisaged in Article 20(3) of the Constitution of India, which says that No person accused of any offence shall be compelled to be a witness against himself, he cannot be called upon to give any specimen as^asked for the police and he also claims of his right to privacy being a part of Article 21 of the Constitution. The police contends that there is no bar for the court to compel the accused to comply with the requirement of the police and the court can use necessary means to secure the taking of the required evidence which is relevant under the Evidence Act. Decide the application. [DJS 2006]

Q. 3. Describe the protection in respect of conviction for an offence as provided in Constitution.

Compare the same with the analogous provisions in Criminal Law. [MPJS 2011, 2019]

Q. 4. What is Double Jeopardy? Explain. [MPJS 2013]

Q. 5. Write a comprehensive note on constitutional guarantees against Ex-Post Facto. [BJS 1977]

Right to Life and Personal Liberty and other Related Rights (A. 21)

Q. 1. Whether Right to die is a fundamental right under Article 21 of Constitution of India? 'Discuss with case law. [MPCJ 2021]

Q. 2. "Right to privacy is not an absolute right, but now it is a fundamental right." Explain the statement with reference to Justice K.S. Puttaswamy (Retd.) and Another case. [BJS 2018]

Q. 3. Describe the right to life and personal liberty, whether death sentence is violative of Article 21? How the right to life and personal liberty, guaranteed by Article 21, may be curtailed? [MPJS 2018]

Q. 4. A was convicted for the various terms of imprisonment in three cases under sections 380, 395 and 457 of the Indian Penal Code, 1960. Several similar cases were pending against him. The Police published his photographs in public places, with a warning that he is a criminal who has to be taken care of. A challenges the publication of his photographs on various grounds. Discuss the legal issues involved in the case. [Punjab 2006]

Q. 5. A was arrested by a police party from his house and kept in a secluded building for three days, without informing any person about the arrest or the place of his detention. For all these days A was neither told about the reasons or grounds of his arrest nor permitted to contact any person. After three days confinement A was released and informed that he was free to go anywhere. What are the illegalities involved in the above arrest process? [Punj JS 2001]

Q. 6. Discuss the scope of the protection given to life and liberty under the Indian Constitution. Refer to latest Supreme Court decision. [BJS 1980]

Q. 7. Write a critical essay on Concept of personal liberty favoured by the Supreme Court. [BJS 1986]

Q. 8. Critically examine the fundamental rights to life and personal liberty since 1978 with the help of decided cases. [BJS 1987, 2006]

Q. 9. "Right to privacy is now fully recognised as a Fundamental Right in India". Explain. [UPJS 2006]

Q.' 10. Critically evaluate the scope of the expression 'Personal Liberty' in Article 21 of the Constitution of India. Do you think that the expression 'procedure established by law' in Article 21 introduces in India, the American 'due process clause' on the subject? Discuss. [UPJS 2015]

Q. 11. "No person shall be deprived of his life and personal liberty except according to procedure established by law." Discuss with the help of decided cases. [MPJS 2009, UPJS 2018]

Q. 12. Write a critical note on Maneka Gandhi v. Union of India, AIR 1978 SC 597 Cases. [UPJS 2012]

Q. 13. "Since literal approach of Apex Court in the A.K. Gopalan case, a sea change has taken place while giving meaning and content to the provisions of Article 21 of the Constitution by the Court."

Q. 14. Discuss in detail on the important developments mentioning the changing shape of Article 21 by Apex Court through various pronouncements. [BJSE 2021]

Q. 15. What are the various types of privacies as contemplated in Justice Puttaswamy case? Explain the same briefly. [TNSJ 2020]

Q. 16. Did the right to clean environment entail a legal regulation on bursting crackers/fire works during Diwali? Discuss in the light of relevant Articles in Indian Constitution and Judgment(s) of the Apex Court in this regard. [TNJSE 2020]

Protection against Arrest and Detention (A. 22)

Q. 1. What protections against arrest and detention have been provided to a person in the Constitution of India? [RJS 1986, MPJS 2012]

Q. 2. - Write a short essay on constitutional protection against Preventive Detention as granted under Article 22. [BJS 1977]

Right to Freedom of Religion (A. 25-28)

Q. 1. Discuss right to freedom of religion under Constitution of India and explain it's limitations. [MPCJ 2019]

Q. 2. Discuss right to Freedom of Religion under Constitution of India and explain the limitation of it. [MPJS 2017]

Q. 3. "Secularism is neither anti-God nor pro-God. It eliminates God from the matters of State and ensures that no one shall be discriminated on the grounds of religion." In the light of the above observation, discuss the true import of freedom of religion guaranteed under the Constitution. [MPJS 2010]

Q. 4. "Secularism is many a time mistaken as non-religious". Explain the concept in the light of freedom of religion. [UPJS 2006]

Cultural and Educational Right of Minorities (A. 29-30)

Q. 1. Discuss critically the provisions in the Indian Constitution guaranteeing protection to the minorities in India. [BJS 1978]

Q. 2. What is the constitutional concept of 'Minority' and what are the constitutionally guaranteed minority rights? Refer to relevant case-law. [BJS 1984]

Right to Constitutional Remedies-Writs & PIL (A. 32-35)

Q. 1. Write an essay on the Supreme Court as the protector of Civil Liberties. [BJS 1984] Q. 2. What remedies can be enforced under Article 32 of the Constitution of India? [RJS 1986]

Q. 3. What is the writ of Mandamus? Against whom it cannot be issued? [RJS 2011]

Q. 4. "A declaration of Fundamental Rights is meaningless unless there is an effective Judicial remedy for their enforcement." Comment. What are the Judicial remedies which the Constitution provides? Explain. [UPJS 2003, UPJS 2016, MPJS 2018]

Q. 5. What is Public Interest Litigation? How has it helped the Supreme Court in protecting fundamental rights in India? [BJS 2000, 2006, MPJS 2016]

Q. 6. Discuss the nature, scope and object of Public Interest Litigation in the light of some

decided cases. [BJS 2017]

Q. 7. Explain the nature and scope of Writ of Prohibition. How is it different from Writ of Mandamus? [BJS 2018]

Q. 8. What is Writ of Certiorari? [RJS 1986]

Q. 9. "The term Public Interest Litigation was first used by Professor Abram Chayes in 1976,

to refer to cases seeking social change through Court's directive which articulated public norms of governance and enforced the public norms." In the light of the above statement, discuss—

(a) Meaning and scope of Public Interest Litigation.

(b) Public Interest Litigation in India with reference to relevant legal provisions and case

law. [BJSE 2021]

Directive Principles of State Policy (A. 36-51)

Q. 1. Write an essay on Directive Principles of State Policy. [Guj JS 2020]

Q. 2. Write shorts note on Directive Principles of State Policy and their constitutional

importance. [BJS 1980, 1987, MPJS 2015]

Q. 3. Write note on Uniform Civil Code. [BJS 2000]

Q. 4. Are the Directive Principles of State Policy enforceable? [RJS 1984]

Q. 5. Name any three Directive Principles of State Policy. [RJS 1986]

Q. 6. Write short note on the concept of separation of powers in the Constitution of India. [RJS 2014]

Q. 7. It is fallacious to think that Directive Principles and Fundamental Rights are opposed to each other in their ultimate objectives. They are in fact, 'complementary and supplementary to each other, both striving to secure socio-economic welfare by ensuring a social order in which justice and individual liberty are safeguarded'. Discuss this ' statement with the help of decided cases. [BJSE 2021]

Q. 8. How far we have implemented the Directive Principles of State Policy. From which country, we shave derived the Directive Principles of State Policy. [TNJSE 2020] Q. 9. What are the advantages and impediments in the implementation of doctrine of Separation of Powers under the Indian Constitution? [TNJSE 2020]

Q. 10. Write an essay on Directive Principles of State Policy. [GJSE 2020]

Fundamental Rights v. DPSP

Q. 1. Explain the significance of Directive Principles of State Policy. Can Courts restrict Fundamental Rights with view to attain any objective included in the Directive Principles? [BJS 1975]

Q. 2. It is fallacious to think that Directive Principles and Fundamental Rights are opposed to one another in their ultimate objectives. They are in fact complementary and supplementary to each other and both striving to secure socio-economic welfare by ensuring a social order in which justice and individual liberty are safeguarded. Comment critically. [UPJS 2015]

Q. 3. Discuss the relationship between the Fundamental Rights and the Directive Principles of State Policy. [BJS 2017]

Q. 4. Write a critical essay on Relationship between Fundamental Right and Directive Principles. [BJS 1986]

Fundamental Duties (A. 51A)

Q. 1. Describe the Fundamental Duties provided under the Constitution of India? [MPJS 2016, MPCJ 2019]

Q. 2. "Fundamental Duties do not destroy Fundamental Rights but balance them". Examine the above statement by citing Judicial pronouncements. [UPJS 2006]

President and Governor

Q. 1. Discuss the scope of power of the President and of the Governor under Articles 72 and 161 respectively relating to grant of pardons, etc., and to suspend, remit or commute sentences in certain cases. [UPJS 2012]

Q. 2. Write a short note on "Constitutional position of the Governor". [BJS 1991]

Q. 3. Discuss the position and powers of the President under the Indian Constitution. [BJS 2018]

Q. 4. Write a comprehensive note on Constitutional position of the Indian President before and after the passing of the 42nd Amendment Act. [BJS 1977]

Q. 5. Discuss the right of the President to seek information from the Prime Minister. Can the Prime Minister refuse to give desired information to President? [BJS 1987]

Ordinance Making Power of President and Governor

Q. 1. When can a Governor promulgate ordinances? [RJS 1986]

Q. 2. Discuss power of the Governor to promulgate Ordinances. ' [MPJS 2015]

Parliament and Council of Ministers

Q. 1. X, a member of legislative assembly makes a speech in the house containing filthy and defamatory abuses against another member Z. Z files a suit for defamation against X. What defence X may take? [BJS 1975]

Disqualification of Members (A. 101-104)

Q. 1. What are the disqualifications of members of Parliament. [BJS 1975]

Q. 2. An elected independent member of a State Assembly becomes a member of a political party. Does his this action affect his membership in the Assembly? [RJS 1988]

Q. 3. Discuss the utility of the 'anti-defection law' in the backdrop of recent development in India. [UPJS 2006]

Provisions Related to Bills, Money Bills etc. (A. 107-111)

Q. 1. What is money bill? Discuss the mode of passing of money bill. [UPJS 2018]

Q. 2. Is certification of a Bill as Money Bill by the Deputy Speaker valid? [BJS 1975] Q. 3. A law granting to any building belonging to government sponsored Housing Board exemption from the operation of law relating to Rent Control. Examine the Constitutional validity of the law. [BJS 1975]

Q. 4. What is a 'Money Bill'? What special procedure, in respect of Money Bill, is prescribed in the Constitution of India? [BJS 1978]

The State Legislature (A. 168-212)

Q. 1. What is the term of office of a member of State Legislative Council? [RJS 1986] Q. 2. The Governor of a State dismissed Council of Ministers enjoying confidence of the House. 'A' challenges the action of the Governor on the ground that his action is unconstitutional. Will 'A' succeed? Give reasons for your answer with the help of suitable examples. [UPJS 2013]

Q. 3. Write note on Advocate General. [BJS 1978]

Supreme Court

Q. 1. There are many provisions in the Constitution of India which secure independence and impartiality of the Judiciary. Discuss those provisions and refer to important judgements of the Supreme Court. [BJS 1980, UPJS 2016]

Q. 2. Whether a jurist can be appointed as a judge of the Supreme Court directly? [RJS 1984]

Q. 3. Describe briefly, but precisely, the appellate jurisdiction of the Supreme Court of India. [BJS 1978]

Q. 4. ’ Write an essay on the 'Advisory Jurisdiction' of the Supreme Court of India. Discuss any one such advisory opinion given by the Supreme Court under Article 143 of the Constitution of India. [BJS 1979]

Q. 5. Discuss the original jurisdiction of the Supreme Court of India. [BJS 2000]

Q. 6. Discuss the advisory jurisdiction of the Supreme Court of India. [BJS 2006]

Q. 7. In the event of a conflict of authority between a judgment of the Full Bench of a High Court (consisting of three or less of the Hon'ble Judges) and a Judgment of Division Bench of the Supreme Court (consisting of three or less of the Hon'ble Judges) which of the above two judgments would have the binding effect in proceedings before a subordmate court in the State of Rajasthan? [RJS 1980-81]

Q. 8. Discuss the powers of President to consult Supreme Court under Article 143 of the Constitution; Whether the Supreme Court can decline to answer a reference? Explain. [UPJS 2003]

Q. 9. "Judicial decisions in the matters of appointment of judges and their transfer have resulted in maintenance of Independence of Judiciary." Critically analyse this statement and cite relevant case laws. [BJSE 2021]

High Courts

Q. 1. Who can transfer a Judge of a High Court to any other High Court? [RJS 1988] Q. 2. Do you think that if a Judge of one High Court is transferred to another High Court it will adversely affect the independence of judiciary? Give reasons. [BJS 1980]

Q. 3. Write short note on Power of the High' Courts to issue writs, directions and orders. [RJS 2014]

Q. 4. What is the nature and scope of jurisdiction vested in the High Court under Article 227 of the Constitution of India? [MPJS 2009]

Q. 5. Describe the superintendence powers and duty of High Court to exercise such powers over Subordinate Courts with relevant provisions contained in Constitution and Code of Criminal Procedure. [TNJSE 2020]

Q. 6. Who exercises disciplinary control over the State Judicial Service? [RJS 1980-81]

Subordinate Courts (A. 233-237)

Q. 1. Write Shot-notes on:

’ (A) Control over subordinate Court under Article 235 of Constitution of India. [MPCJ 2021]

Q. 2. Who is the appointing authority for recruitment to the State Judicial Service? [RJS 1980-81]

Distribution of Legislative Power between Union and States (A. 245-255)

,Q. 1. "The Indian Constitution seeks to create an exclusive area for Centre, exclusive area for States and a common concurrent area for States and Centre." Explain the distribution of power between the Centre and States in the light of this statement. [BJSE 2021]

Q. 2. State the legislative power of Union and State? Under what circumstances Union can legislate on matters pertaining to State List? [MPJS 2017]

Q. 3. State the circumstances in which the Union Parliament can validly legislate on subjects enumerated in the State List. [BJS 1986]

Q. 4. Examine the significance of the rule of pith and substance in resolving conflicts between entries in the Union List and those in the State List. [BJS 1986]

Q. 5. Can parliament make a law which has extra territorial operation? Whether validity of such law can be questioned? [RJS 2014]

Q. 6. State the conditions under the Constitution of India where under parliament has power to make laws on subjects given in the State list. [RJS 2014]

Q. 7. What are the provisions in the Constitution of India in relation to inconsistency between laws made by Parliament and laws made by the Legislatures of States? [RJS 2016] Q. 8. Explain relations between the Union and the States in legislative matters with reference to various Articles of the Constitution. [UPJS 2016]

Q. 9. In which circumstances does the Parliament become empowered to make a law under the State list? Also state whether in these circumstances the power of the State Legislatures get suspended or become concurrent with Parliament. [BJS 2017]

Q. 10. What is doctrine of colourable legislation? How is it different from pith and substance rule? Support your answer with important cases. [MPJS 2018, BJS 2018]

Suit by or against Union of India (A. 300)

Q. 1. Discuss the tortious liability of the State with the help of important judicial pronouncements. [BJS 2017]

Q. 2. What do you understand by the term 'Act of State'? How would you prove the fact of an Act of State? [BJS 1978]

Q. 3. Write a short essay on Governmental liability for the torts committed by its servants. [BJS 1991]

Right to Property (A. 300A)

Q. 1. What is the nature of the 'Right to Property' under the Indian Constitution? [RJS 1984, 2011]

Q. 2. How did right to property in India compare with its counter part (right to property) in English law before the right to property in India was raised to the level of a fundamental right on and from the 26th January, 1950? What different changes has this right in India been undergoing since 26th of January, 1950? What is its position today and how does it compare with the right to property in England today. [BJS 1977]

Q. 3. What are the effects of the abolition of fundamental right to property on the other Constitutional rights? Build a case for or against re-introduction of the property right as a fundamental right. [BJS 1984]

Trade, Commerce and Intercourse within the Territory of India (A. 301-307)

Q. 1. Trade, Commerce and intercourse shall be free throughout territory of India. Discuss with reference to decided cases. [BJS 1975]

Q. 2. Examine critically the provisions guaranteeing freedom of trade and commerce and the power of the State to impose restrictions on this right in the public interest. [BJS 1979]

Q. 3. Write a critical essay on Freedom of Trade Commerce and Intercourse [BJS 1986] Q. 4. "Subject to the other provisions of this part, trade, commerce and intercourse throughout the territory of India shall be free." (Article 301—Constitution of India) Discuss with the help of relevant case laws. [UPJS 2013]

Services under the Union and the States (A. 308-323)

Q. 1. How the Tribunal is distinct from the Court? Explain the Constitution, powers and procedures of administrative Tribunals and scope of judicial review. [BJSE 2021]

Q. 2. Discuss with the help of decided cases the protection that Article 311 accords to Civil Services. [BJS 1975]

Q. 3. Discuss critically the provisions in the Constitution of India guaranteeing protection to Civil Servants. A is a Constable in the India Police Force. On receipt of information an enquiry is held by his superior officer Y, into charges of corruption and dishonesty against him and ultimately, A's case is sent for final disposal to a Tribunal specially appointed to deal with such cases. Y in the meantime, is appointed a member of this Tribunal. The Tribunal . decides against A, chiefly on the basis of his previous report and he is dismissed from service. He approaches you for advice. Please draft your advice. [BJS 1979]

Q. 4. Write an essay on Constitutional protection to civil servants [BJS 1984]

Q. 5. Write a critical essay on Protection to civil servant's against arbitrary dismissal. [BJS 1986]

Q. 6. Can the services of a permanent civil servant be dispensed with, without complying with the requirement of Article 311? Give reasons for your answer. [BJS 1991]

Q. 7. According to one of the Service Rules, services of a government employee may be terminated after giving him three months notice. Discuss the constitutional validity of this rule. [BjS 1991j

Q. 8. What rights are guaranteed to persons holding civil posts under the Constitution of India? [RJS 1986]

Q. 9. Who appoints a member of Union Public Service Commission? [RJS 1988]

Q. 10. Write short note on the Doctrine of Pleasure and the concept of reasonable opportunity of hearing in the Constitution of India. [RJS 2014]

Q. 11. What are the legal and constitutional remedies against violation of Article 311 of the Constitution? Whether departmental proceedings can be held against a Government Servant relating to the same charge, after he has been exonerated at a previous proceedings? Discuss. [MPJS 2010]

Q. 12. The State Government passed an order of compulsory retirement stating that the employee is not fit for work. Does the order amount to punishment or not? Give reasons for your answer with the help of decided cases. [UPJS 2013]

Special Provision Related to Certain Classes (A. 330-342)

Q. 1. What do you know by Schedule Caste and Schedule Tribe? Describe the procedure for their ascertainment and how they are included in the appropriate list/orders. [MPJS 2013]

Emergency Provisions (A. 352-360)

Q. 1. What is meant by 'Proclamation of Emergency'? Also discuss the various effects of such Proclamation made under Article 352(1). [BJS 2017]

Q. 2. Explain what is meant by the expression "Failure of constitutional machinery in a state under Article 356 of the Constitution of India". Which situation will fall and which will not fall within the expression? Explain. [BJS 2000, UPJS 2015]

Q. 3. Emergency power is a grand final and crowning glory of the most reactionary chapter of the Constitution. Comment. [BJS 1984]

Q. 4. Critically examine the provisions of Article 356 of the Constitution. Would you subscribe to the view that the power to impose President's rule in a State is the most misused provision of the Constitution? Give examples in support of your answer. [BJS 1987]

Q. 5. Discuss the effects of the proclamation of national emergency. [BJS 2006]

Q. 6. Who can proclaim the Emergency? Describe the effect of proclamation of Emergency? [MPJS 2011] 

Amendment of the Constitution (A. 368)

Q. 1. Write a short essay on Amendment of the Indian Constitution. [BJS 1977]

Q. 2. State the procedure according to which the Constitution of India can be amended. Can the Constitution be so amended as to destroy its basis features? Explain with reference to the view of the Supreme Court. 1986]

Q. 3. "The power of Parliament to amend the Constitution is limited". Examine this statement critically in view of the Constitution (24th and 42nd) Amendment Acts and Supreme Court decisions in that regard. [BJS

Q. 4. Write note on Article 368 and the Supreme Court of India. [BJS 2006]

Q. 5. What is the procedure and limitations for amendment of the Indian Constitution? Discuss while citing the relevant cases.

Q. 6. Describe the procedure of amendment of Constitution of India. Under what circumstances the amendment requires to be ratified by the legislatures of the States? [MPJS 2012]

Q. 7. How and to what a extent can the Constitution of India be amended? Discuss in the light of case law. (MPJS 2015]

Finance Commission (A. 280)

Q. 1. Write note on the Finance Commission of India. [BJS 1978]

Election Commission (A. 324)

Q. 1. Write note on the Election Commission. [BJS 1978]

Miscellaneous, Case Law and Practical Questions

Q. 1. Differentiate among doctrine of legitimate expectation, proportionality, collateral purpose and mala fide with the help of relevant case law. [BJSE 2021]

Q. 2. "A law may be constitutional even though it relates to a single individual if on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by itself". Elucidate with the help of relevant case laws. [TNJSE 2020]

Q. 3. Write short notes on the following:

(a) "Court of Record"

(b) Expenses charged on consolidated Funds

(c) "Per Incurium"

(d) Equal pay for equal work

(e) Doctrine of waiver

(f) Doctrine of Colourable legislation

(g) Constituent Assembly

(h) Welfare State

(i) Attorney General as Chief Advisory of Government of India [TNJSE 2020]

Q. 4. Food adulteration is great challenge. [TNJSE 2020]

Q. 5. Write short note on Court of record [MPJS 2019]

Q. 6. Describe briefly the comparative position of the two houses of Parliament?

Q. 7. What important points of law have been decided in the following reported judgments?—

(a) V. Dhanpal Chettiar v. Yesodaiammal, AIR 1989 SC 745

(b) S.P. Gupta & Others v. President of India, AIR 1982 SC 149.

(c) Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.

(d) Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1978. [RJS 1988]

Q. 8. Describe the facts and principles of law laid down in "Lakshmi Kant Pandey v. Unidn of India, AIR 1984 SC 469 [RJS 1988]

Q. 9. Describe the facts and circumstances of the following case:

(a) Kanu Sanyal v. State of West Bengal (AIR 1974 SC 1361)

(b) State of Rajasthan v. Union of India (AIR 1977 SC 1361) [RJS 1991]

Q. 10. How far judicial decisions, interpreting constitutional provisions, relating to appointment and transfer of Judges have affected established principles of Constitutional Law? [UPJS 2006]

Q. 11. What do you understand by Subordinate Legislation? [RJS 1986]

Q. 12. What is Administrative Law? Discuss the need for Administrative Law in a Modem State.

The Municipal Council of London was empowered under a statute to acquire land compulsorily for the purpose of extending streets and improving the city. The Council purporting to exercise this power acquired land not for the purpose of an extension of improvement, but with the object of taking advantage of an anticipated increment of value. Is the acquisition valid? If so, why? If not, why not? [BJS 1978] 

INDIAN PENAL CODE

Stages of crime

Q. 1. Explain and illustrate the difference between preparation to commit an offence and attempt to commit an offence. [HJS 2000]

Q. 2. State if any offence has been committed in the following cases:

(i)A intending to murder B buys a gun and loads it.

(ii) A intending to murder B fires a gun at B.

(iii) A intending to murder B by poison purchases poison and mixes the same with food, which remains in A's possession.

(iv) A serves the poisoned food to B with the knowledge of its being poisoned.

(v) A woman, with intention of committing suicide runs towards a well, but there she was caught by a person. [HJS 2000]

Q. 3. Point out the distinction between intention, preparation and attempt. [RJS 1969]

Q. 4. Please bring out difference between 'preparation' and 'attempt to commit an offence'. A pickpocket suspecting that B carried a purse in his pocket put his hand in it but the pocket was empty. Please record your opinion if A is guilty of attempt to commit theft. [RJS 1974]

A intends to murder B, his enemy. He buys a knife for that purpose. A is arrested. Is he guilty of preparation to commit murder? Give reasons. [RJS 1980-81]

Q. 6. Explain and illustrate the distinction between the stage of 'preparation' and 'attempt' in criminal law. [DJS 2014]

Q. 7. Describe the scope of intention, preparation and attempt to commit a crime. [UPJS 1986]

Q^. A intending to murder Z by poison, purchases poison and mixes the same with food which he delivers to the servant of Z for placing it on Z's table. Discuss the criminal liability of A. [UPJS 1986]

Q. 9. "Crime is a revolt against the whole society and an attack on the civilisation of the day." Elucidate and discuss the essential elements of crime. [UPJS 1992]

Q. 10. Which are the different stages involved in the commission of a crime? How would you distinguish time inter se? , [UPJS 1992]

Q. 11. Explain 'preparation to commit crime' and 'attempt to commit crime', and point out the distinction between them. Answer with the help of suitable illustration or decided cases. [UPJS 1987, 2016]

Q. 12. When does an act become an attempt to commit an offence? What is the difference between attempt to commit an offence and preparation to commit an offence? How far an attempt to commit offence is punishable under Indian Penal Code? [Pun] JS 2019]

Q. 13. What is an inchoate offence? How does preparation differ from an attempt to commit a crime and when is preparation punishable as such under the Indian Penal Code? A buys a revolver and cartridge to shoot B. There is ample evidence of his purpose but he does nothing further. Is A guilty? Give reasons. [Pun] JS 2010]

Q. 14. Describe the scope of various stages in the commission of a crime. Is there any offence in the Indian Penal Code, which is punishable at all stage? [Punj JS 2012] 

Q. 15. Distinguish between Preparation and Attempt. [HJS 1988, UPJS 1997]

Q. 16. Differentiate among the following, with the help of relevant case laws: Motive and Intention. [PJSE 2019]

Q. 17. Explain 'preparation to commit crime' and 'attempt to commit crime', and point out the distinction between them. [MPCJ 2021]

Q. 18. Write short note on Inchoate Offences. [HJS 2013]

Q. 19. "Crime is a revolt against the whole society and an attack on the civilization of the day? Elucidate and discuss the essential elements of crime. [Punj JS 2012]

Mens Rea and Actus Rea

Q. 1. Write short note Mens Rea. [UPJS 1982, Punj JS 1995(11), MPJS 2014]

Q. 2. 'Mens rea is an essential element in every crime.' Explain this rule and state to what extent it is applicable to the offences under the Indian Penal Code, 1860. [JJS 2014]

Q. 3. Discuss the doctrine of Mens rea. How has it been diluted in the case of strict liability offences? [HJS 1988]

What is meant by Mens Real Explain the dictum "ACTUS NON FACIT REUM NISI MENS SIT REA". How far a motive necessary for determining a crime? Are there any exceptions to the dictum of Mens Rea? Illustrate your answer. [HJS 1996, UPJS 2012]

Q. 5. "It is not enough to label the statute as one dealing with a grave social evil and from that to infer that strict liability was intended. It is pertinent also to inquire whether putting the defendant under strict liability will assist in enforcement of regulations ... unless this is so, there is no reason in penalising ... and it cannot be inferred that the legislature imposed strict liability merely to find a luckless victim." In the light of this statement, elucidate the doctrine of strict liability under Criminal Law. [HJS 2015]

Q. 6. Explain 'Mens Rea' as an element of criminal liability. Is mens rea relevant in crimes of strict liability? Discuss. [UPJS 2000]

Q. 7. What do you understand by Mens Rea? What is the importance of mens rea under the Indian Penal Code, 1860? Discuss. [UPJS 2016]

Q. 8. Comment briefly on:

"Actus non facit reum, nisi mens sit rea.” [DJS 1999]

Introduction (Sec 1-5)

Q. 1. Under what circumstances may an offence outside India be tried as an offence committed in India? [HJS 2001]

Q. 2. Can an offence committed outside India, be tried in India under Indian Criminal Law (IPC & Cr. P.C.)? Explain in the light of case law. , [HJS 2011]

Q. 3. To which State of India, Indian Penal Code does not extend? [RJS 1989]

Q. 4. Mr. A lived with his daughter, Ms. X, who is 5 years old. Mr. A and Mr. B were business rivals. Mr. A decided to kill Mr. B, for which he instigated Ms. X as a consequence of which, Ms. X stabbed Mr. B with a sharp knife. However, Mr. B survived and registered an FIR against Mr. A and Ms. X.

Consider the above facts and discuss the liability of Mr. A and Ms. X. [PJSE 2019]

General Explanation (Ss. 6-52A)

Q. 1. Explain and illustrate the meaning of the following terms under the IPC:

(1) 'Counterfeit'

(2) Public servant. [HPJS 2016]

Q. 2. What is the law in the Indian Penal Code as to illegal omissions? [HJS 2001]

Q. 3. What is 'good faith'? [RJS 1984, MPJS 1996]

Q. 4. Explain the following terms—

"Dishonestly", "Fraudulently", "Reason to believe", "Voluntarily", "Criminal knowledge or intention with reference to the doctrine of 'Mens rea' [RJS 1980-81]

Q. 5. What is 'wrongful gain' and 'wrongful loss'? [RJS 1984, 2014, MPJS 1996, 2004] Q. 6. What is a 'valuable security'? [RJS 1984, 1989]

Q. 7. Define 'Dishonestly' with reference to the Section of the Indian Penal Code. [RJS 1986, 2011, MPJS 1996]

Q. 8. Whether a member of Legislative Assembly is a public servant? [RJS 1986]

Q. 9. Define—Life, Local Law, India, Place, Summon Case. [RJS 1986]

Q. 10. Define Offence. [RJS 1991]

Q. 11. Define "Illegal" as it is defined in the Indian Penal Code, 1860. [RJS 2011]

Q. 12. What do you understand by "counterfeit"? [RJS 2015]

Q. 13.        A a Railway passenger gives a part of his luggage to fellow passenger to evade the charge of over weight. What offence if any is made out against A? [DJS 1991]

Q, 14.       Define Reason to believe [MPJS 1996]

Q. 15. Distinguish between Dishonestly and Fraudulently [MPJS 2010]

Q. 16. Write short note on "Public servant". [UPJS 1985]

Q. 17. Write short note on "Wrongful gain" and "Wrongful loss." [UPJS 1986]

Q. 18. When is a person said to have acted in "good faith"? [RJS 1999]

Q. 19.       Write short note on Constructive criminal liability.

Q. 20. Explain the meaning of the following terms:

(i) Public officer

(ii) District

(iii) Elements of Offence. [Punj JS 1995(H)]

 

Q. 21. Write a brief note on the criminal liability of corporations. [UPJS 1992]

Q. 22. Define Public Officer. [MPJS 2004]

Common intention and common object (Ss. 34/149)

Q. 1. Section 34 of the Indian Penal Code, 1860, does not create any joint liability. [Guj JS 2017]

Q.2. A was cutting indecent jokes with Simla wife of B which led to a quarrel. C who was unconcerned tried to intervene. Two companions of A gave beatings to C. Then A gave knife blow on the chest of C which proved fatal. What offences are committed by A and his two companions? [Punj JS 2003]

Q. 3. The principle of joint action enunciated, in section 34 of IPC is very different from the principle of abetment of an offence. Discuss. [Punj JS 2010]

Q. 4. A, B and C agreed to kill X. With the money given by A, B and C purchase two revolvers go to the residence of X, and both shoot at him X dies. It is not known whose shot (t actually killed X. For what offences may A, B and C be charged? [Punj JS 2010]

Q. 5. X, Y and Z mutually decided to beat up A. One evening, they gathered near a secluded area through which A passed every evening while returning home after work. X and Z followed A from a distance whereas Y was waiting with hockey sticks a little further. Suddenly, X attacked A from behind, casting blows on him. Z, on the other hand, blew a whistle indicating Y to come with the hockey sticks. Upon Y's arrival, X and Y started beating up A severely whereas Z stood by the side watching the fight. In the meantime, A's eyes fell on a knife lying nearby. He pickup the knife and ran it through Y's chest. In a state of confusion, Z rushed towards Y, picking up a hockey stick. However, A thinking that Z was about to attack him lifted the knife and inflicted grievous hurt on Z in the process.

Keeping in mind the aforementioned facts, determine the criminal liability, if any, of X, Y, Z and A. In each case, substantiate your answer with sufficient reason and case law wherever required. [Punj JS 2013]

Q.6 Explain 'Common intention' as used in section 34 of the Indian Penal Code. Refer some leading cases. [HJS 1984, 1999]

Q. 7. If two persons commit the same act, can they be guilty of different offences in respect of that act? [HJS 2001]

Q. 8. A and B successively and independent wounds C with murderous intent. C dies from the loss of blood caused by both wounds together, when he would not have died from either alone. Discuss the criminal liability of A and B. [UPJS 1992, 1997, Punj JS 2012]

Q. 9. A and B, the Managing Director and Technical Director respectively of Jagdish Cotton Textile Phagwara were entrusted by the textile commissioner of Delhi with 26,000 mts. of cloth for dying and printing. However, they failed to return 13,000 mts. of cloth back to the commissioner lying with company on Government account. On a search of the factory on 1-1-1996 the balance of the cloth remaining to be delivered by the company was not found. The plea taken by A and B was that the said cloth (13,000) mts. were eaten up by white ants and moths and has been thrown away as rubbish. The Textile Commissioner of Delhi has moved the Court alleging both A and B guilty of criminal misappropriation with common intention.

Mr. A contends that he has left Phagwara in December, 1995 and since then has not attended the office at Phagwara, so should not be held liable under section 34 and subsequently under section 409 of IPC along with B.

Decide the liability of A. Is he jointly liable with B by sharing common intention? Give reason along with cases to support your contention. [Punj JS 1999]

Q. 10. Being annoyed by constant quarrels picked up by X on flimsy grounds, A and his sons B and C decided to teach him a lesson. One day. A, B and C reached X's field where he was working and started assaulting him with blows and kicks. During such assault, X was able to take out knife from his pocket and threatened A, B and C. At this juncture, B took out a revolver hidden under his clothes, which he had concealed from his father A and brother C, and shot at X. Meanwhile, the persons working in the neighbouring fields arrived at the spot and A, B and C fled away. X died in the hospital two-days later. Discuss the liability of A, B and C for the murder of X. [Punj JS 2015]

Q. 11. The scope of common object as contemplated by Section 149 of IPC is much broader than the concept of common intention enshrined under Section 34 of IPC. Substantiate this statement. [HJS 2019]

Q. 12. Discuss difference between common intention and common object. [HPJS 2018]

Q. 13. What do you mean by "Common Intention"? How does it differ from "Common Object"? [MPJS 2011, 2016]

Q. 14. What are the different cases under the Indian Penal Code in which a person may be constructively liable for an offence, which he actually did not commit? Explain giving illustrations. [HJS 2003]

Q. 15. Mitha Mai dispossessed Ram Lal from his land thirty years back and is in settled possession since then. He gets the information that Ram Lal is coming to that place with armed men to get back possession of the land and would reach the site within half an hour. On getting this information Mitha Mai gathers seven of his friends immediately who are armed and prepared to resist Ram Lal forcibly. Does this assembly of Mitha Mai's friends amount to unlawful Assembly? Decide. [HJS 2006]

Q. 16. Please point out the distinction, if any, between a 'Common intention' for the commission of an offence and the 'Common object' of an unlawful assembly for the commission of an offence.

Five persons had made a concerted attack with lathis on D, their enemy, after laying in ambush. D received 10 injuries on his person, out of which one only was on the head and that proved fatal. It could not be known who inflicted the blow on the head. The trial judge tried all the five persons on identical charges under section 302 I.P.C. not mentioning section 149 or 34 I.P.C. in the charges. Of what offence or offences could the accused persons be convicted on the above facts? [RJS 1969]

Q. 17- What are the principles embodied in Section 34 and Section 149 of the Indian Penal Code?

A, B, C, D and E enter X's house at night in order to beat him. When X's servant stopped them, A struck a blow and felled him down. B stole a valuable watch from X's table. C alone gave some lathi blows to X. Point out the offence or offences, if any, which each r of the above-named five persons, has committed? [RJS 1969]

Q. 18. What are the different cases under the Indian Penal Code in which a person may be constructively liable for an offence, which he actually did not commit? Explain giving illustrations. [RJS 1971]

Q. 19. Distinguish between the criminal liability arising out of—

(i) an act done in furtherance of the common object of all. [RJS 1976]

Q. 20. A and B go armed with knives to kill C. They suddenly find C coming from the opposite direction. B stabs C as a result of which C dies. A also runs away. What offence, if any, is committed by A? [RJS 1984]

Q. 21. A with two friends of his, finds B coming from a Bank. A takes out a knife while his friends surround B, and snatches Rs. 100/- from B. What offence, if any, is committed by A? [RJS 1984]

Q. 22. What is common intention? Accused M caught hold of the hands of the injured when he was being injured. Can it be held that M shared the common intention of the other accused in causing hurt? [RJS 1989]

Q. 23. What is common object? How will you distinguish it from common intention? Frame a charge for an offence of hurt where common intention is also there. [RJS 1994]

Q. 24. Explain the meaning of "criminal act done in furtherance of common intention". [RJS 1999]

Q. 25. Five accused entered the house of the victim through the roof after dismantling a portion of it. Accused Nos. 1 to 4 committed rape upon the victim while Accused No. 5 stood guard with a gun in his hands to overawe the victim to submit to rape without protest. Thereafter all the five accused opened a box kept in the house, removed cash and jewellery and ran away from the house. What offence or offences, if any, have been committed by Accused No. 5? [DJS 1990]

Q. 26. A charge is framed against five persons A, B, C, D and E for being members of an unlawful assembly in prosecution of the common object of forcibly taking possession of the house of Z. The findings at the end of trial are:—

(a) C was drunk and had fallen down in a dram by the roadside and could not consequently reach the house of Z.

(b) B bore a grudge against Z and had carried with him a revolver without the knowledge J of other members of the party.

(c) All the members of the party had carried lathes and it was understood between them that if Z offered resistance they would beat him.

(d) While D and E were beating Z, B fired at Z causing grievous injuries to Z.

(e) A blow given by A struck the enlarged spleen of Z, causing his death, while none of them knew of the enlargement of the spleen.

Which of the above members of the unlawful assembly and for what offence would you convict? [DJS 1991]

Q. 27.  A, B, C and D plan to rob a bank. They visit the bank on the decided date and collect cash from the cashier at gun point. In the process of trying to escape with the loot they are resisted by the guard and B caused him grievous injury with his revolver. On coming out of the bank C notices his enemy E standing at the bus stop and shoots at him causing his death. What offences, if any, are made out against the respective accused? Give reasons in support of your answer. [DJS 2005]

Q. 28. Explain the distinction between Section 34 I.P.C. and Section 149 I.P.C. [DJS 2005]

Q. 29. Write short note on the concepts of 'common, intention' and participation in action' under Section 34, IPC [DJS 2014]

Q. 30. Explain the law relating to constructive criminality and bring out the distinction between 'Common intention' and 'Common object'. [UPJS 1983, 2012]

Q. 31. P, Q and R had common intention to rob S. While P and Q entered into the house of

S and beat and robbed him, R stood outside to warn P and Q or any danger. On being prosecuted along with P and Q, R pleaded that he did neither commit the robbery nor caused injuries to S and hence was not guilty or any offence. Decide. [UPJS 1983]

Q. 32. Explain 'Constructive Liability' in Penal Law with special reference to Section 34 (Common intention) and Section 149 (common object) of the Indian Penal Code. [UPJS 1986]

Q. 33. Discuss liability founded on common intention and that founded on common object under the Indian Penal Code. [UPJS 1987]

Q. 34. Distinguish between 'common intention' and 'common object' in Sections 34 and 149 respectively of the I.P.C. [UPJS 1988]

Q. 35. A, B, C, D and E set out for committing dacoity in the house of X. E being dead, drunk could not accompany his companions and fell down under a tree. A, B, C and D entered the house of X and by show of force took away gold ornaments. Thereafter they came to the place where E was lying under the tree and gave him a part of the booty. What offence or offences. If any, has committed State with reasons. [UPJS 1988]

Q. 36. "There is much difference in the scope and applicability of Sections 34 and 149 though they have some resemblance and are to some extent overlapping'. Comment [UPJS 1992]

Q. 37. Difference between "common intention" and "common object". Refer to leading cases. [UPJS 1999, 2012, HJS 1988, 2006, DJS 2008]

Q. 38. "The essence of joint responsibility lies in the common intention to commit the offence actually committed". Discuss. [UPJS 2006]

Q. 39. Nankchand was tried along with others on the charge of Section 302 IPC read with Section 149. At the end of the trial the applicability of Section 149 was not established and the trial court convicted him under Section 302 read with Section 34 IPC. Whether the conviction is valid? Reply with reasons and support of leading cases. [UPJS 2013]

Q. 40. Write short note on Common Intention and Common Object. [Guj JS 2020]

Q. 41. Distinguish between "common intention" and "common object". If a person is charged under Section 302/149 of the Indian Penal Code, can he be convicted under Section 302/34 of the Indian Penal Code? [DJS 2018]

Q. 42. Distinguish between the ingredients of section 34 of Indian Penal Code and section 120A of the Indian Penal Code. Cite case law. [Punj JS 1995(H)]

A purchased a Bungalow which had a power generator. His neighbours B, C, D, E and F requested him not to use it at night but A did not desist and continued its use which offended them. R incited them and they stormed into A's Bungalow with lathis and seriously injured A's son. Other family members were also attacked. They also killed the pet dog. What is the criminal liability of R, B, C, D, E and F. [Punj JS 1995(H)]

43. Differentiate between the joint liabilities under Section 34 and Section 149 of the IPC, with the help of relevant case laws and illustrations? [Punj JS 2019]

Q. 44. Bring out the difference between common intention and common object.[Punj JS 2003]

Q. 45. Compare the principles of joint liability for a criminal act committed by several persons not exceeding four with that for a criminal act committed by several persons not less than five bringing out clearly the points of distinction, if any. [HJS 1998]

Q. 46. Write short note on Common Intention and Common Object. [GJSE 2020]

Q. 47. Differentiate between the joint liabilities under section 34 and section 149 of the I.P.C., with the help of relevant case laws and illustrations? [PJSE 2019]

Q. 48. Zahir Khan, SHO Kotwali, Jaipur arrested Harish in a murder case. On being produced before the Magistrate, he was remanded to police custody for 12 days. Zahir Khan did not provide food to Harish continuously for 4 days, as a result of which health of Harish started deteriorating. On Sth day. Superintendent of Police visited the police station and Harish complained about non-supply of food, consequently, Zahir Khan was suspended and immediately placed in police lines. Ashok Kumar was posted as SHO, who illegally 

omitted to supply food to Harish for next 4 days, resultantly, Harish dies of hunger. What offence Zahir Khan and Ashok committed? Explain with relevant provisions of law- [RJS 2022]

Punishments (Ss. 53-75)

What do you mean by 'solitary confinement'? What is the maximum limit of solitary confinement under the IPC? [HPJS 2016]

Mention the punishments to which offenders are liable under the Indian Penal Code. [RJS 1976, 1986]

Answer the following problems giving brief reasons for your answers—

A gives Z fifty strokes with a stick and causes injuries on several parts of his body. Is A liable, to be punished separately for causing each injury? [RJS 1980-81]

Whether a part of imprisonment may be rigorous and remaining simple? If so, under what law? [RjS 1986j

To what kinds of punishment are offenders liable under the provisions of Indian Penal Code?' [RjS 1989]

A gives Z ten strokes with a stick. Whether A can be punished for each blow separately. [RjS 1991]

What are the Chapters in the IPC which describe the offences for which enhanced punishment can be awarded after previous conviction? [RJS 1991]

Can the amount of fine be levied even if the convict has served full term of imprisonment in default of its payment? State provisions of law. [RJS 2011]

Write short note on Sentence on offender already sentenced for another offence. [RJS 2016]

Whether a person convicted for an offence punishable with fine sentenced to imprisonment in default of payment of fine? Period? [MPJS 1996]

State the construction of reference to sentence of transportation for life under Section 53A of Indian Penal Code, 1860. [MPJS 2001]

What would be the limit to imprisonment for non-payment of fine if the offence is punishable with imprisonment as well as fine or when the offence is punishable with fine only? [MPJS 2001]

Discuss in brief the various modes of punishment provided under the Indian Penal Code- [UPJS 2000]

What is the limit of the term for which the court may direct the offender to be imprisoned in default of payment of fine, if the offence be punishable with imprisonment as well as fine? [RjS 1991]

What are the provisions relating to sentence of imprisonment in default of payment of fine and what is the maximum period of imprisonment in default of fine when the offence is punishable with fine only? [MPJS 2015]

General Exceptions (Ss. 76-95)

Q.1. X, a photographer displays a nude photograph of a young female film artist in his studio. What offence X has committed? If tried in a court, what arguments would you present in his defense? [JJS 2019]

Q. 2. Defence of necessity is encapsulated in section 81 of Indian Penal Code, 1860. The provision is supplemented by an explanation which states that "it is a question of fact. And so imminent as to justify or excuse the risk...." The question before you is who assesses the nature of the threat. Is it the defendant or the trier of fact. Critically examine. [HPJS 2019]

Q. 3. A person will not be liable for any act if he acts in good faith believing himself to be bound by law to d,o it by reason. This is called mistake of law. Explain. [Guj JS 2017]

Q. 4. The proof of insanity lies on the accused. Explain. [Guj JS 2017]

Q. 5. Mention, the circumstances in which a person can plead intoxication as a defence. [JJS 2017]

Q. 6. What criminal immunities have been granted to children under seven years of age and children above seven and under twelve, under the IPC? • [HPJS 2016]

Q. 7. A, a surgeon, know that a particular operation is likely to cause death of Z, who suffers under a painful complaint, but not intending to cause Z's death and intending, in good faith, Z's benefit, performs that operation on Z with Z's consent. Z dies as a result of the operation.

What offence, if any, is committed by A? Give reasons. [Punj JS 1995(H)]

Q. 8. M had history of insanity in his family. His father had died in mental hospital when his brother was also a patient. One night M picked up his only son and threw him out of the window. After this he strangled two of his daughters to death and then tried to throttle his wife too. Her cries brought the neighbours to the spot. On seeing them, M ran away and by the shortest route reached the police station where he surrendered to the police.

At the trial for murder of M, the defence counsel of M argues that M's family history coupled with following circumstances: (a) the absence of motive (b) the absence of secrecy (c) multiple murders (d) want to pre-arrangement and (e) want of accomplices as detailed in Lyon's and Modi's Medical Jurisprudence leads to prove that M was suffering not only from paralysis of the Will but also from the paralysis of mind. Kindly decide the case. [Punj JS 2000]

Q. 9. How far is a plea of compulsion in the following cases available as a defence against a charge of criminal offence?

A joined in arms, a party of rebels, against the State for fear that his house would be burnt and goods spoiled. [Punj JS 2010]

Q. 10. How far is a plea of compulsion in the following cases available as a defence against a charge of criminal offence?

A pays a bribe to a public officer under influence of threats held out by the officer of raising an assessment. [Punj JS 2010]

Q. 11. Narayan and Arjun were friends, who were staying together in an apartment in Chandigarh. One day, Narayan went out of town, informing Arjun that he would return in a week's time. Three days after Narayan had left, Arjun heard someone entering the house at around midnight. Thinking that it was thief, Arjun attacked the person with a chair. The man was actually Narayan, who had cut short his trip and entering the house quietly, so that he would not disturb Arjun. [Punj JS 2012]

Q. 12. X and Y, sworn enemies of each other had been swept away by flood in the region. To prevent himself from drowning, X clung to a plank of wood. At that time, Y, who was also being carried away by water, tried to save himself by holding on to the same plank of wood. X pushed Y away. Thereafter Y requested X to allow him to hold on * the plank. But X refused. Y was drowning in the water and was on the verge of dying when he was miraculously rescued by a noble man.

Later, Y prosecuted X for attempt to murder. Will X be liable under the Indian Penal Code? Give reasons for your answer citing relevant cases wherever required.

[Punj JS 2013]

Q. 13. The accused was beating a person with fists. The wife of the man being beaten intervened with her baby in arms with a view to rescue her husband. The accused gave a fist blow to her also which struck the baby as a result of which it died. On being prosecuted, the accused pleads accident. Decide. [JJS 2001]

Q. 14. Explain the followings:—

(a) Liability of child for criminal act.

(b) Accident. [HJS 1984]

Q. 15. Write short notes of the following:

(a) Criminal liability of minor.

(b) Insanity [HJS 1986]

Q. 16. Discuss the law of exemption from criminal liability in the case of minors. [DJS 1996, HJS 1998]

Q. 17. A, an illiterate boy servant of 8 years stole a new Parker Fountain Pen, worth Rs. 200/- from the Table of his employee and sold it to B, a student of law aged 21 years for Rs. 10/- only. Both A and B are put on trial. The former is charged with theft and the latter . for receiving stolen property. How would you, as a judge, decide the case? [DJS 1996, HJS 1998]

Q. 18. An injury was caused to a person with his consent. Under what circumstances such consent might not be a legal defence to the person inflicting injury? [HJS 2000] Q. 19. He who preserve his own life at the expense of another man's life is excusable through unavoidable necessity. Examine the correctness of this statement explaining how far it is true at the present time. [HJS 2001]

Q. 20. To what extent, if at all, and subject to what limitations, if any, will a mistake of fact afford a valid defence? [HJS 2001]

Q.21. What should be proved by an accused to establish the defence of un-soundness of mind?

A was commanded by God in his dream to sacrifice his only son, A took his son to a mosque and killed him. A then went into hiding and surrendered to police after two days. Can A's defence of unsounded of mind be accepted? [HJS 2009]

Q. 22. Samaresh was a student of National Institute of Epidemiology. One day, after completing his term examination, he decided to go to a local pub and have a drink. By the time he returned from the pub, he was highly intoxicated and in that state of intoxication, he entered the room of his neighbor in the hostel and set his mattress on fire. He was charged for offences under sections 436 and 447 of the Indian Penal Code. He wants to plead intoxication as a defence. Advice him on the present law along with contemporary judicial reasoning. [HJS 2011]

Q. 23. Write short note on Non-compos mentis. [HJS 2013]

Q. 24. What type of persons can claim benefit of an exception embodied in section 84 of the Penal Code? [RjS 1974]

Q. 25. Az who suffered from a long illness became 'non-compos' and committed murder of B.

Can he claim benefit under the exception dealt with in section 84. [RJS 1974]

Q. 26. A took wine at his friend's house and got tipsy. While under the effect of drink he entered the house of a neighbour thinking it was his own house and started beating the neighbour's wife thinking she was his own wife who had not prepared the meals for him. A was taken to the police station and then prosecuted on charges of house trespass and causing simple hurt. A pleaded drunkenness as his defence. Please discuss how far A was justified in raising this defence. [RJS 1974]

Q. 27. A sees B commit what appears to be a murder. A in order to bring B before proper authorities seizes B in good faith. It turned out that B was acting in self defence. Has A committed any offence? Explain [RjS 1976]

Q. 28. A gang of armed dacoits compel a blacksmith to take his tools and open the door-lock of a house. Is this abetment of house-breaking? Give Reasons. [RJS 1980-81]

Q. 29. A smith A is forced by a gang of dacoits by threat of instant death to force the door of a house for the dacoits to enter and plunder it. What offence, if any, is committed by A? [RJS 1984]

Q. 30. A under influence of madness attempts to kill B. What offence, if any, is committed by A? [RJS 1984]

Q. 31. A genuinely suspecting B of having committed theft in his house, informs the police about his suspicion. It is later found that B had nothing to do with the theft in the house of A. What offence, if any, is committed by A? [RJS 1984]

Q. 32. A goes to the house of B and finds a pen lying on the table. He believes that is his own pen and therefore takes away the pen without the consent of B. What offence, if any, is committed by Al [Rjg 1934]

Q. 33. A and B go for tiger hunting in a dense forest. While A is sitting on the machan, B goes behind bushes and makes noise leading A to believe that it is a tiger. A shoots as a result of which B dies. What offence, if any, is committed by A? [RJS 1984, UPJS 2015]

Q. 34. A, a surgeon, in good faith communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. What offence has been committed by x? [RJS 1986]

Q. 35. Sample of til oil exposed for sale was taken by a Food Inspector from the business premises of A. The report of Public Analyst stated that the sample was slightly adulterated. Can A get benefit of Section 95 of Indian Penal Code? [RJS 1989]

Q. 36. Nothing is an offence which is done with the consent of the person concerned. What are the limitations and exceptions to this rule? [RJS 1991]

Q. 37. What is the difference between medical insanity and legal insanity? [RJS 1999] Q. 38. When is an act considered as an "accident" so as to be covered under Section 80 of the Indian Penal Code, 1860? [RjS 1999]

Q. 39. Najma, a devoted maid-servant of 20 years dearly loved the small child of her mistress. One morning without any reason, when her mistress had gone for a walk, Najma  suddenly caught hold of the child, took him to the kitchen and instantaneously cut his throat there. When her mistress returned from the walk, Najma told her what she had done. When the police came, she asked whether she would be hanged or imprisoned. On her trial for the murder of the child, Najma pleaded insanity. It was proved for her that some times she would complain of severe headache. From medical evidence it was proved that she had been suffering from grave menstrual disorders, that such affection of the mind affected both the will and the emotions, and that it paralysed the will and destroyed the power of self control.

Argue the above case for or against the defence. [DJS 1973]

Q. 40. Accused who was a retired military Jamadar went to attend a marriage. When the marriage-party went to bride's house for midday meal, some settled down in their seats and some had not. The accused who was drunk and intoxicated asked a young boy to step aside a little so that he may occupy a convenient seat, but the boy did not move. The accused whipped out a pistol and shot the boy in abdomen three times. Injury proved fatal. The evidence shows the accused staggered and was incoherent in his talk, but at the same time he was capable of moving by himself independently and talking coherently as well. After shooting at the boy he attempted to get away but was secured at a short distance from darwaza. There he requested the witness to be forgiven saying that it had happened from him. [DjS 1980]

Q. 41. A boy over 11 years and below 12 years of age picked up a knife and proceeding towards the deceased with a threatening gesture saying that he would cut him into pieces actually stabs him to death. Is he guilty of murder? Give reasons? [DJS 1996]

Q. 42. Discuss the difference between:

Mistake of Fact and Mistake of law.

Q. 43. Discuss and illustrate 'mistake of fact' as a defence in criminal law.

Q. 44. Write short note on the following:

(a) Incapacity due to unsoundness of mind.

(b) Age of criminal responsibility and juvenility. [DJS 2015]

45. Explain and illustrate the proposition that mistake of fact is a good defence while mistake of law is no defence in the Code. [MPJS 2010]

46. What are drunkenness and unsoundness of mind grounds for exemption from criminal liability? Discuss with the help of case law. [UPJS 1982]

47.Decide if any offence is made out in the following with reasons— A constable verbally ordered two other police constables to arrest two bad characters on a road and to fire if resisted. The accused challenged two of them and then fired as one of them did not stop and in consequence killed one man. [UPJS 1982]

48. A finding B attacked by C with knife shoots at C thereby intending to save B, the shot misses C and kills B. [UPJS 1984]

49.A mistake of fact is a good defence but a mistake of law is not. Discuss. [UPJS 1991, 2018]

50. B while bleeding profusely goes to A a surgeon and there loses consciousness. There upon A immediately performs an operation upon him thinking that it will bring him back to consciousness. But dies immediately after the operation. [UPJS 1991]

Q. 51. Discuss unsoundness of mind as a defence to criminal liability. How is legal insanity different from medical insanity? Refer to decided cases. [UPJS 1992, 1997]

Q. 52. Discuss the extent to which drunkenness can be pleaded as a defence to criminal charge. [UPJS 1997]

Q. 53. Give reasons, state what offence if any, has been committed by A in the following case: A and B swimming in the sea after a shipwreck, got hold of a plank not large enough to support both A pushed off B who got drowned. [UPJS 1997]

Q. 54. Define 'consent' in criminal law and state the cases in which the consent of the harmed or his guardian exempts the person inflicting the harm from criminal liabilities. [UPJS 1999]

Q. 55. A boy of 13 years studying in class IX created indiscipline in the class. Even after the warning of the teacher he did not mend himself. The teacher caned him. During caning he removed his hand and one cane fell on another student and he was permanently deprived of his one eyesight. Decide the liability of the teacher. [UPJS 2000]

Q. 56. Find out the test do distinguish the state of intoxication and state of unsoundness of mind within legal provisions. [UPJS 2000]

Q. 57. Critically examine the law relating to intoxication exonerating the accuse from criminal liability. [UPJS 2003]

Q. 58. State the law relating to 'necessity' as a ground of excuse from criminal liability. [UPJS 2006]

Q. 59. Giving reasons, state what offence, if any, has been committed by A in the following cases:

(a) A and B while swimming in the sea after a ship wreck, got hold of a plank not large enough to support both. A pushed off B who got drowned.

(b) A a surgeon, in good faith communicates to B, a patient his opinion that he cannot survive. The patient dies in consequence of shock. [UPJS 2006]

Q. 60. Discuss the circumstances under which unsoundness of mind is a defence under Indian Penal Code. [UPJS 2012]

Q. 61. Write note on mistake of fact. [HJS 1986, UPJS 2012]

Q. 62. A is in a house which is on fire with Z, a child. People below hold out a blanket, A drop the child from the house top. Knowing it to likely that the fall may kill the child, but not intending to kill the child and in good faith for the child's benefit. The child is killed by the fall. State with reasons what offence, if any, has been committed. [UPJS 2015]

Q. 63. A has an inkpot with him. B wants to fill his pen from that inkpot. A does not allow, still B takes ink from it. Has B committed any offence? Explain [RJS 1976]

Q. 64. The law presumes that every person committing a crime is sane and liable for his acts. Section 84 of the Indian Penal Code carves out an exception. Elaborate on the doctrine of burden of proof in the context of the plea of insanity. [DJS 2019]

Q. 65. Expression in Section 84 of the Indian Penal Code is "unsoundness of mind" and not "insanity". Is there any difference between the two? [DJS 2019]

Q. 66. A plastic surgeon performed the plastic surgery of a patient to remove his nose definancy but the patient died during the operation. Is the doctor liable for the death of the patient under the Indian Penal Code? [HPJS 2018]

Q. 67. Intoxication as a defence of criminal liability with the help of important case law. [HPJS 2018]

Q. 68. A is at work with a hatchet; the head flies off and kills a man who is standing-by. What offence has been committed by A? [RJS 1986]

Q. 69. The Indian Penal Code not only gives exception against involuntary intoxication but also against voluntary intoxication. Explain the conditions under which voluntary intoxication can be exempted under Section 86 with the help of relevant case laws and illustrations? [Punj JS 2019]

70. "Every person shall be liable to punishment under this code (I.P.C.) and not otherwise for every act or omission contrary to the provision there of which he shall be guilty, with in India".

Discuss and state the exceptions of the rule, if any. [JJS 2017]

Q. 71. Study the facts described below and answer the following questions:—

(i) Bubblly is a girl of 10 years who was married to Vishnu aged 21 years. She is fond of dolls and was in the habit of pestering her parents for purchasing new dolls every now and then. After marriage, one day, she pestered her father-in-law for buying a doll at the market place. When he denied, she cried out loudly. Annoyed, the father-in-law reprimanded her and locked her up in a room for an hour as punishment for her misconduct in a public place, that night, Bubblly did not have dinner. When Vishnu returned home from work Buddlly went up to him and wept loudly imploring him to purchase the doll from the market place. Since Vishnu was already very tired, he lost his temper and slapped her on the face. Bubblly felt offended and was even more upset. Unable to resist, she kept weeping incessantly. When Vishnu went to sleep, Bubblly took a knife and stabbed him in the chest. Vishnu suffered grievous hurt initially but died few days later.

Bubblly has been charged with the murder of her husband. During her trial, she has taken up the defence of childhood. Will Bubbllys defence stand?

What are the conditions that peed to be satisfied for her defence to stand? Justify your answer citing relevant provisions of the Indian Penal Code and case law wherever required. [Punj JS 2013]

Q. 72. Expression in section 84 of the Indian Penal Code is "unsoundness of mind" and not "insanity". Is there any difference between the two? [DJSE 2019]

Q. 73. The law presumes that every person committing a crime is sane and liable for his acts.

Section 84 of the Indian Penal. Code carves out an exception. Elaborate, on the doctrine of burden of proof in the context of the plea of insanity. [DJSE 2019]

Q. 74. The Indian Penal Code not only gives exception against involuntary intoxication but also against voluntary intoxication. Explain the conditions under which voluntary intoxication can be exempted under section 86 with the help of relevant case laws and illustrations? [PJSE 2019]

Q. 75. A, an officer of a Court, being ordered by that Court to arrest Y and after due enquiry, believing R to be Y, arrests R instead of Y. Discuss the liability of A. [UPJS 2018] Q. 76. A, B and C, who were armed, were escorting some ladies out of a village at their request. X, Y and Z attempted to kidnap the ladies. While doing so. X levelled a loaded gun against A but was stabbed to death by B. Has B committed any offence? Give reasons. [Punj JS 2010]

Right to private defence (Ss. 96-106)

Q. 1. In a case before you, the factual matrix revealed that the victims were in the process of committing criminal trespass on the defender's cultivated land by bringing their bulls on the trespassed land for grazing. The defenders argued that right of private defence was available to them. Decide the case expounding the fundamental principles of right of private defence in the Indian Penal Code, 1860. [HPJS 2019]

Q. 2. Discuss the Right of Private Defence of Property. Can death of attacker be caused in the exercise of Right of Private Defence of Property? How long such Right of Private Defence continues? [UPJS 2018]

Q. 3. A entered the house of B with the intention of committing theft. B and other members of his family surrounded and attacked A with Lathis. Finding his life in danger, A whipped out a revolver and fired causing death of B. Is A guilty of murder? [UPJS 2018]

Q. 4. The accused party were in actual possession of the disputed land after purchase and were sought to be dispossessed by the complainant party, who trespassed on the land armed with lathis. The accused party in defending their possession caused the death of one of the dispossessors, inflicting on him 72 injuries. Can the accused party claim the plea of right of self-defence? Give reasons and point of law in support of your answer. [HPJS 2016]

Q. 5. What do you mean by 'Right of Private Defence'? When the right of self-defence of property extends to causing of death? [Punj 1995, JSS 2001, MPJS 2016, HPJS 2016]

Q. 6. 'Private defense is not available for retaliation but for averting the danger which is not created by himself.' Under what circumstances a person can go to the extent of killing in defense of his person? Answer with the help of decided cases.

[UPJS 1999, JJS 2019]

Q. 7. Where a bailiff went to a village to make an attachment but the warrant had become. invalid by lapse of the time limited thereby and the owner of the property resisted and caused grievous hurt to one of the party. Can the accused plead right of private defence of property in his defence? [Punj JS 1995(H)]

Q. 8. While J was committing theft in K's house he was surprised by L, a tenant of K. J took to his heels carrying with him the stolen Jewellery. L chased him and shouted at him but J escaped by entering his house and shutting the door. L scaled over the wall and jumped into J's house with a view to take back the Jewellery. L raised a lathi to strike J who forestalled the danger and shot L dead. J was arrested and put to trial for the murder of L. J argues that L raised a lathi to strike, there was a reasonable apprehension of grievous hurt and death of L was caused in the exercise of his right of private defence. State your opinion with support from law and decided cases whether J's action is right and is covered under Right of Private Defence. [Punj JS 2000]

Q. 9. The village Harijans who had been denied minimum wages for considerable period had marched in a procession to the house of the landlord to demand justice. Some members of the procession were shouting abusive slogans and brandishing lathis to display their anger. The house of the landlord was well-protected by high boundary wail and iron gate. On seeing the procession the guards closed the iron gate to keep away ,5r the approaching crowd. The Harijan leaders were having heated arguments with the watchmen for having blocked their access to the landlord by closing the iron gate and some of them were using force against the gate. Just then Raghuvendra, the youngest sons of the landlord, fired with his rifle two shots on the crowd and killed one person. Discuss: (i) Whether Raghuvendra has a right of private defence under the situation?

(ii) Was Raghuvendra justified in going to the extent of causing death? [Punj JS 2001]

Q. 10. Right of self-defence cannot be measured in golden scales. Elaborate. [Punj JS 2003]

Q. 11. X, a thief, enters the house of A in the dead of night and steals a valuable necklace ' after breaking open a steel safe. Somehow, A wakes up and sees X running away with ■ the stolen necklace. A chases X on tire road where a police station is situated nearby.

Getting scared, X throws away the necklace and enters the house of C. A picks up the necklace, enters the house of C, catches X and starts beating him. Furthermore, A picks up a heavy lathi lying in a comer of the room and gives a blow on X's head. Enraged, X takes out a knife from his pocket and stabs A to death.

In the trial for murdering A, K pleads that he was merely exercising his right to private defence. Decide. [Punj JS 2015]

Q. 12. Explain the nature of private defence ... or the property. [MPJS 2006]

Q. 13. What is meant by the right of private defence and under what circumstances this right to the body extends to causing death, explain. [JJS 2001]

. Q. 14. Discuss fully the right of private defence of body. [HJS 1984]

Q. 15. Mention the limits within which the right of private defence should be exercised. [HJS 1999]

Q. 16. When does the right of private defence of property extend to the causing of death? [HJS 1999]

Q. 17. Does the right of private defence extend to risk of harm to innocent person? Illustrate your answer. [HJS 1999]

Q. 18. X enters house of Y to commit theft. He is caught by Y who starts beating him mercilessly.

X apprehending death or grievous hurt at the hands of Y pulls out a knife and stabs Y who is injured seriously. Can X put up plea of right of private defence for causing injuries to Y? Explain with reasons. [HJS 2006]

19. The Right to Private Defence is said to be a limited right. Explain the limitations of the ’ Right to private defence.

A was under attack from B. A had ample opportunity to save himself by fleeing away but instead A defended himself and thereby caused harm to 8. Is it a valid exercise of the right of private defence? [HJS 2010]

Q. 20. A, a constable, is attacked by an infuriated mob. A cannot effectively defend himself without firing on the mob and A cannot fire without risk of harming young children who are mingled with the mob. A fires and kills one of the many children in the mob. Is A guilty of any offence? [Kjg 1969]

Q. 21. Under what circumstances a person can claim the right of private defence of the body and the property? Whether such a right is available against a person of unsound mind? [RJS 1974]

Q. 22. B aimed his revolver at A. In order to save himself A dealt a 'pharshi' blow on the hand of B with a result that the revolver fell down on the ground. Thereafter A gave another 'pharshi' blow on the head of B causing the instantaneous death of B. Can A justifiably claim the right of private defence in causing death of B? [RJS 1974]

Q. 23. A is surrounded in a jungle by his enemies who are armed with deadly weapons. Even before any one of them uses his weapon, A takes out his pistol and shoots at. them indiscriminately and thereby escapes, killing two of them. What offence, if any, is committed by A? [RJS 1984]

Q. 24. A who lives alone, while sleeping at night wakes up on hearing some noise. He finds his main door broken open. He finds someone moving inside his house armed with a knife. He shoots him dead. What offence, if any, is committed by A? [RJS 1984]

Q. 25. A while walking back home at night hears a woman crying for help. He finds that a man is trying to rape her. He hits the man with a stick on his head resulting in his death. What offence, if any, is committed by A? [RJS 1984]

Q. 26. Mention any three instances in which right of private defence of body may extend to causing death of the assailant. [RJS 1984]

Q. 27. When does the right of private defence of body commence, and how long does it continue? [RJS 1984, 1986]

Q. 28. Z, under the influence of madness attempts to kill A. Has A the same right of private defence which he would have if Z were sane? [RJS 1991]

Q. 29. When the right of private defence of body and of property commences and how long it continues? [RJS 1991]

Q. 30. A appears as a witness before a magistrate. The magistrate says that A is a liar. In a fit of rage A kills the magistrate. Do these facts disclose any offence? [RJS 1994]

Of 31. What are the limits of the "right of private defence"? When does it extend to voluntarily causing death? [RJS 2011]

Q. 32. The husband G, accompanied by three persons, went to his father-in-law's house to bring his wife. G stood inside arid asked his wife to come along. His companions were engaged out-side in conversation with the girl's father, persuading him to agree to send the girl to her husband. G came out of the house, dragging his reluctant wife behind. A tug of war followed between G and his wife. At that moment the girl's brother B took out a knife and gave one vicious job with it to G. The knife penetrated the heart and G died. B was charged under section 304 IPC. He claimed the benefit of sections 97(1), 100(4), 100(6) and 103(4) IPC. Discuss his defence. [DJS 1971]

Q. 33. Write a note on 'Right of Private defence of Body and of Property'. Explain under what circumstances the said right extends to causing death. [DJS 2005]

Q. 34. Discuss the relevance or otherwise of the concept of 'retreat to the wall' in the exercise of right of private defence [DJS 2014]

Q. 35. Under what circumstances right of private defence of body extends to causing death of the assilam? [MPJS 2006]

Q. 36. A enters by night a house which he is legally entitled to enter. B in good faith taking A for house-breaker, attacks A. Whether A has right to private defence against B? [MPJS 2006]

Q. 37. Discuss the scope of the right to private defence of the body under the Penal Code. Can be accused person rely on the plea of such private defence without specifically pleading it? Support your answer with the help of decided cases. [MPJS 2011]

Q. ‘38. "The right of private defence extend under circumstances the causing of death."

i Explain the above statement with illustrations. [UPJS 1984]

Q. 39. Explain right of private defence in respect of body stating the circumstances when it extends to causing to death of the aggressor. [UPJS 1987]

Q. 40. A thief enters B's house and opens his safe. B raise an alarm and the thief beats a retreat. r'r While the thief is still in the house. B fires at him and billa him what offence has been * committed by B? [UPJS 1987]

Q. 41. Explain the right of private defence of body. Under what circumstances does it extend to cause death? [UPJS 1991]

Q. 42. Explain and illustrate the provision of the Right of Private Defence as embodied in the Indian Penal Code. [UPJS 1997]

Q. 43. Under what circumstances will causing of death be justified in the exercise of private defence? [UPJS 2003]

Q. 44. Discuss the limits within which the right of private defence may be exercised. [UPJS 2013]

45. A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob and he cannot fire without risk of harming young children who are mingled with the mob. By so firing, A harms a few children. What offence has been committed by Al [RJS 1986]

Q. 46. Right to private defence is essentially a right of defence and not offence. Discuss if there is any limitation on exercise of right of private defence. [HJS 2019]

Q. 47. A married woman leaving her husband resided with her paramour. When her husband came to take her home she refused to go with him. The husband assaulted her with a view to compel her by force to leave her paramour's house and come with him. The paramour intervened and caused death of her husband. On being prosecuted for murder, he pleads right of private defence. Decide. [JJS 2001]

Q. 48. A, a robber scales the wall and enters the house of B. B awakened from sleep, seeing A, shoots him dead. Is this murder? Give Reasons. [RJS 1980-81]

Q. 49,. Certain persons suddenly made an attack on the accused in order to cut his crops.

- K The accused having no time to make a complaint to the police resisted the attack and ■ r- inflicted a wound with a piece of bamboo resulting in the death of a person from the aggressor's party. Discuss the liability of accused with the help of decided cases. [HPJS 2018]

Q. 50. How and in what respects 'specific defences' are distinct from 'general defences'? Explain in the light of the expositions under the Indian Penal Code. [Punj JS 2015]

Q. 51. A attempts to pull Z's nose. Z in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. UPJS 2015

Q. 52. Discuss if there is any purpose to differentiate 'specific defences' from 'general defences' under the Indian Penal Code. [HJS 2015]

Q. 53. A, armed with a pistol breaks into a house at midnight, to commit robbery. B stands guard at the door to facilitate the robbery. The house inmates are awakened by thfe commotion and resist the robbery and in the process A kills one of the house inmates A was held liable for murder. Decide the liability of B. You are required to supplement the decision with relevant provisions of law applicable to the case and also cite relevant case law. [HPJSE 2019]

Abetment (Ss. 107-120)

Q. 1. What is abetment? How is it different from criminal conspiracy? (MPCJ 2022]

Q. 2. Who is an abettor? Discuss the liability when an act is abetted and a different act is

committed. (JJS 2017]

Q. 3. Define an Abettor; and decide whether A in the following illustrations is an Abettor or not:

(a) A intends to cause death of Z and instigates, B, a child of 7 years of age to do an act which causes Z's death. B in consequence of the abetment did the act in the absence of A.

(b) A instigates B to instigate C to murder Z. B accordingly instigates C who commits the murder of Z. [Punj JS 1995(11)]

Q. 4. Explain the difference between criminal conspiracy and abetment? [DJS 2018]

Q. 5. A instigates B through a letter to kill X. The letter however is lost in transit and never

reaches B. Decide as to whether A has committed any offence. [JJS 2001]

Q. 6. What do you understand by 'abetment of an offence'? Discuss with the help of illustrations and decide cases. [HJS 1986]

Q. 7. Distinguish between the offences of abetment of an offence and criminal conspiracy. [HJS 1999]

8. A instigates a child B to poison C and provides poison for the purpose. B by mistake,

puts the poison on D's plate, which happened to be on the side of C's plate. D takes the food and dies. What offence has been committed. [HJS 1999]

Q. 9. A instigates B to shoot C. B goes to C's house with a .gun but finding C's car standing unattended, steals the car instead of shooting him. What offence has been committed.

[HJS 1999]

Q. 10. A instigates B to murder C but B refuses to do so. Has A committed any offence? If so. What? [HJS 2001]

Q. 11. A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. The act is not committed. What offence committed by A.

[HJS 2010]

Q. 12. A instigates B to set fire to a dwelling house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A's instigation. What offence committed by A. [HJS 2010]

Q. 13. A, intending to cause a theft to be committed, instigates B to believe that the property belongs to A. B takes the property out of Z's possession in good faith, believing it to be As property. What offence committed by A. [HJS 2010]

Q 14. A instigates B to give false evidence. B, in consequence of the instigation, gives false , evidence. What offence committed by A [HJS 2010]

Q. 15. What is abatement? When does it amount to an offence? [RJS 1969]

Q. 16. Is A liable as an abettor in the following cases?—

(i) A instigates B to murder C, B refuses to do so.

(ii) A instigates B to kill C by poison. B kills C with a sword.

(iii) A instigates a child to put poison into the food of B. The child by mistake puts poison  into the food C. C dies after taking the food. [RJS 1969]

Q. 17. A instigates B to murder C. B refuses. What offence, if any, is committed by A. [RJS 1984]

Q. 18. When is a person said to 'abet' the doing of a thing? [RJS 1984]

Q. 19. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. A knew that the grievous hurt abetted was likely to cause death. What offence has been committed by A? [RJS 1986]

Q. 20. A, a public servant, is authorised by a warrant from a Court of Justice to apprehend Z. B knowing that fact and also that C is not Z, wilfully presents to A that C is Z and thereby intentionally causes A to apprehend C. What offence, if any, has been committed byB? [RJS 1991]

21. A instigates B, a child, to put poison into the food of Z and gives him poison for the purpose. B, the child, in consequence of the instigation by mistake puts the poison into the food of Y which is by the side of that of Z. Y dies of poisoning. What offence, if any, has been committed by A and B? [RJS 1991]

Q. 22. "The criminal liability of an abetter starts as soon as an offence is abetted but the degree of such liability finally depends on consequences of abetment." Explain. [RJS 1999]

Q. 23. A instigates B to the commission of an offence by means of a letter sent through post. The letter never reaches B. Whether A has committed any offence? [DJS 1990]

Q. 24. Who is an abettor? Explain the extent of liability of an abettor. [RJS 1986, DJS 2005]

Q. 25. Abetment; conspiracy; common intention: Do they overlap? Discuss. [DJS 2010]

Q. 26. Write short note on Abetment. [UPJS 1997, MPJS 2003, DJS 2015]

Q. 27. A, with the intention of causing death of Z instigates B to put poison in Z's food. B, a child of 6 years, puts the poison given by A in Z's food as a result of which Z dies. A was also present when B put the poison. [UPJS 1984]

Q. 28. What is abetment? What are the various methods by which abetments possible? [UPJS 1985

Q. 29. A instigates B to give false evidence. B does not give false evidence. Has A committed any offence? Discuss. [UPJS 1985]

Q. 30. A instigates B to instigate C to murder D. In Consequence, B writes a letter to C instigating him to murder D. C does not read the letter. [UPJS 1988]

Q. 31. P, Q and R decide amongst themselves to presuade B to steal jewellery from the house of M they accordingly do so. B readily agrees and sets out towards Ms house in order to steal jewellery. What offence or offences if any, have P, Q and R committed? Has B also committed any offence? [UPJS 1991]

Q. 32. Who is an 'abettor'? Explain in detail when does he become liable for the offence committed or even not committed. [UPJS 1991]

Q. 33. State with reasons, what offence, if any, has been committed by A in the following cases: (ii) A intimidate B to commit theft in the house of C. B commits theft in C's house and afterwards sets fire to it. [UPJS 1999]

Q. 34. What is abetment? What are the various methods by which abetment is possible? [UPJS 2000, 2003, 2013]

Q. 35. A instigates B to burn C's house. B sets fire to the house and at the same time commits theft of property there. What offences A and B have committed? Discuss. [UPJS 2003]

Q. 36. A Instigates B to give false evidence. B does not give false evidence. Has a committed any offence? Discuss. [UPJS 1985, 2003]

Q. 37. A instigates B to murder D. B stabs D. D recovers from the wound. What offence A and B have committed? Discuss. [UPJS 2006]

Q. 38. What do you understand by abetment? Describe various modes of abetment.

A instigates B to murder C. B refuses to do so. Has A committed any offence? Give reasons. [UPJS 2013]

Q. 39. A instigates B to murder D, B in pursuance of the instigation stabs D. D recovers from the wound. [UPJS 2015]

Criminal conspiracy (Ss. 120A-120B)

Q. 1. Discuss the essential elements of criminal conspiracy with the punishment prescribed for it. [Guj JS 2020]

Q. 2. Explain the essential elements of criminal conspiracy and distinguish it with abetment. [UPJS 2018]

3. What do you mean by term Criminal Conspiracy? How is it punishable? Discuss differences between Criminal liability under section 34 IPC and criminal conspiracy under section 120A IPC. [MPJS 2017]

Q. 4. What is meant by criminal conspiracy? Illustrate your answer with case law. [Punj JS 2003]

Q. 5. M was working as a bus driver. During communal riots, he stopped the bus near a mob of persons armed with weapons to facilitate their attacking the passengers. In spite of a request by the passengers to start off the bus, he stopped the bus till the mob could approach them. M got down from the bus, went to the mob and was seen having discussion with some persons in the mob. Can M be convicted under section 120B of the Indian Penal Code? [Punj JS 2006]

Q. 6. A asked to help him in committing murder of C. B agrees but nothing is subsequently done in pursuance of such an agreement. Can A and B be charged with the offence of conspiracy? [HJS 1996]

Q. 7. "Whereas in criminal conspiracy an agreement between two or more persons is needed in abetment by conspiracy an engagement between them is enough." Examine. [HJS 2010]

Q. 8. Explain the offence of criminal conspiracy. How is it punishable? Distinguish between abetment and conspiracy. [HJS 2011]

Q. 9. One fine morning, three friends, Ranjan, Dheer and Anand sat down to discuss their future. They were all unemployed and thinking of different ways to earn their livelihood. At this juncture, Dheer told in jest that they should rob a bank. Instantly, Ranjan and Anand agreed, thinking that he was serious. Although Dheer was a bit shocked, he realised that with the help of his friends, he could make a lot of money. So, over the next one week, they planned to rob the nearby bank. They brought masks and arranged sacks and were about to order weapons. In the meantime, a neighbour got to know of their plan and informed the police of the same. The three friends were arrested.

Have Ranjan, Dheer and Anand committed any offence? Support your answer with reasons. [HJS 2013]

Q. 10. In a certain industrial establishment rendering essential services, a worker met with an accident as a result of which he suffered partial disablement. The authorities declined to pay him full compensation for the loss suffered by him. The concerned trade union took up the cause of the worker and Raghavan, the trade union leader urged all workers to go on strike. While the strike was in progress, few workers decided to pelt the concerned officers. Around 20 workers along with Raghavan were arrested for injuring an executive officer and damaging several cars during the pelting process. Raghavan insisted that although he was participating in the strike, he had nothing to do with the pelting. It was later on found that the strike itself was illegal as the general requirements of giving notice, etc. were not adhered to.

Can the 20 arrested workers along with Raghavan be said to be guilty of Criminal Conspiracy? Substantiate your answer with sufficient reasons and case-laws. [HJS 2013]

Q. 11. A and B decide to loot a bank and for that purpose they collect all necessary implements and weapons. Later on A leaves the city and therefore does not join B. What offence, if any, is committed by A? [RJS 1984]

Q. 12. Write a brief note on criminal conspiracy. [UPJS 1983, 1985, 1997, RJS 1991, DJS 2015, Punj JS 1995(11), HJS 1986]

Q. 13. Briefly state the distinction between abetment and criminal conspiracy. [DJS 2008, MPJS 2009, 2019]

Q. 14. Define the term criminal conspiracy? What are its essential ingredients? What is difference between abetment and criminal conspiracy? [MPJS 2011]

Q. 15. On receiving consideration of Rs. 10,000/- A agrees to supply B with tools so that he could derail a Calcutta bound train. A supplied the tools to B. Has A committed any offences? [UPJS 1987]

Q. 16. In a land dispute A and B decide to kill Z. On a dark night both of them attacked Z with different weapons while he was asleep in front of his house. As a result of injuries caused by A and B, Z died instantaneously. At the trial, B could not be produced as he had absconded. Only A was put on trial. There is a clear proof of the conspiracy between A and B. Write a short judgment taking into account the possible defence(s) of the accused. [Punj JS 2003]

Q. 17. Discuss the essential elements of criminal conspiracy with the punishment prescribed for it. [GJSE 2020]

Offences against State (Ss. 121-130)

Q. 1. Is incitement to violence essential to constitute sedition under Section 124A of IPC. Substantiate with the help of decided cases. [HJS 2019]

Q. 2. A Facebook post is uploaded criticizing the recent budget and the fiscal policies of the Union Government. The post is derogatory and on complaint,the person is booked under section 124A, IPC. Decide the case clearly bringing out the essential ingredients of section 124AZ IPC evolved over a period of time through judicial pronouncements. [HPJS 2019]

Q. 3. Discuss Sedition. [HJS 1984, DJS 2015]

Offences against the pubic tranquillity (Ss. 131-160)

Q. 1. Under what circumstances and to what extent the Doctrine of Vicarious liability is attracted to criminal cases? [RJS 1974]

Q. 2. X Times a leading English daily prints an article aimed at creating hatred and enmity between two groups of people i.e., a capitalist and the labour class. The article read:

B and the Chief Minister of the State who were good friends have conspired together and acquired 100 hectares of fertile land belonging to the local farmers for Special Economic Zone. To persuade and coerce the farmers not to challenge the acquisition B got burnt the houses of the farmers and their standing crops through his henchmen. The promises of B that he will employ the local youth is also false as B is getting youth trained from the constituency of the Chief Minister who would be employed in the various Industries to come up in the SEZ area".

Can the reporter, editor, printer, and publisher of X Times be charged for offence under Section 153A, IPC. Give reasons. [DJS 2011]

Q. 3. What do you understand by 'common unlawful object'? [RJS 1984]

Unlawful assembly (Ss. 146-160)

Q. 1. Write short notes on Vicarious liability in criminal law. [MPCJ 2021]

Q. 2. Explain: Unlawful assembly. [HJS 1984, RJS 1991, UPJS 1985, 1997, CJS 2003, MPJS 2003, 2007, 2017]

Q. 3. Distinguish between the criminal liability arising out of the following acts:

(i) an act done in furtherance of the common object of all;

(ii) an act which is criminal by reason of its being done with a criminal knowledge, is done by several persons who join the act with such knowledge.

(iii) an act done by any member of an unlawful assembly in prosecution of its common object. [RJS 1976, HJS 1996]

Q. 4. A group of 20 workers led by A go unarmed to the mill owner to protest against non¬payment of wages. They have heated discussions with the mill owner who refuses to do anything. Suddenly one of the workers flashes out a knife and stabs the mill owner causing his death. What offence, if any, is committed by A? [RJS 1984]

Q. 5. Whether every member of an unlawful assembly is guilty of an offence which is committed in prosecution of the common object:? Why? [MPJS 2007]

Q. 6. What is an "Unlawful Assembly"? When is a member of an unlawful assembly constructively liable for the offence committed by any other member of that assembly? Can less than five person be convicted with the aid of Section 149? [MPJS 2009, 2019] Q. 7. A group of six friends was going for a stroll. Every one of them had a lathi. They met C who was coming from the opposite direction. B who was in the group cut filthy joke with C. Hot words were then exchanged between B and C. Friends of B could not tolerate the offensive attitude of C and each one of them began to beat C with the lathis. C sustained one head injury which resulted in his death. What offence, if any, committed by the group of six friends? Whether each one of them can be held liable for the murder of C? [RJS 1974]

Q. 8. Is the concept of 'constructive liability' recognized under the provisions of the Indian Penal Code? Elucidate. [Punj JS 2015]

Rioting and Affray (Ss. 146-160)

Q.. Six friends of A who usually kept lathis with them went to B to persuade him to return the agricultural land of A to him which B had forcibly cultivated a week before. During the case of persuation hot words were exchanged and both the parties resorted to violence. B sustained an injury on his head resulting in his instantious death. What offence has been committed by the friends of A? Can A, who was not present at the field, be held liable for the unlawful act of his friends? [RJS 1975]

Q. 1.- A, B, C, D, E, F and G armed with lathis and spears go to K's field with the common object of taking its possession. K and party resist and in the process A falls down unconscious because of a lathi blow on his head. Finding stiff resistance, B runs away for good. C leaves temporarily to fetch a gun from his nearby house. But before C's return D had given a lathi blow with considerable force on the head of K causing his instantaneous death. A is arrested on the spot after regaining consciousness along with C, D, E, F and G are arrested a week after the incident.

Can all the seven accused be prosecuted under section 302/149? Can A and B held jointly liable for death caused by D under section 302/34? [Punj JS 1998]

Q. 2. Distinguish between riot and affray. [UPJS 1984, 1997, 1999, 2012, HJS 1986, 2006, MPJS 2018]

Q. 3. What are the ingredients of the offences of rioting? [GJSE 2020]

Q. 4. Write short note on vicarious liability. [HJS 1986]

Q. 5. When an unlawful assembly becomes a riot? [RJS 1999]

Q. 6. Who is guilty of the offence of rioting? [MPJS 2007]

Q. 7. A and B are brothers who were found quarrelling and abusing each other on a public road in a town and a large crowd gathered and the traffic was temporarily suspended. Discuss the criminal liability of A and B and support your answer with provisions of I.P.C. [JJS 2014]

Q. 8. Distinguish between "Rioting" and "Unlawful Assembly". [HPJS 2016]

Q. 9. What are the ingredients of the offences of rioting? [Guj JS 2020]

Offences by or relating to public servants (Ss. 166-171)

Q. 1. A judicial custody warrant issued by a competent court is sent along with accused to A, the officer-in-charge of jail. A refuses to receive warrant of accused, simply because age of the accused is not mentioned in the warrant. What offence A has committed? [RJS 1986]

Q. 2. There was a fight between A and B, both brothers. B received serious injuries. B went to police station to lodge a report. The Station House Officer instead of recording the report made B understand that matter be settled by a compromise with A and it was no use to lodge a report against the brother. B returned home without any saying. After 2-3 days B died. What offence the Station House Officer committed? [RJS 1986] Q. 3. A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. What offence A has committed under Indian Penal Code, 1860? [RJS 2016]

Q. 4. A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. What offence committed by A. [HJS 2010]

Q. 5. A, a Munsiff, obtains from Z, a banker, a situation in Z's bank for A's brother as a reward to A for deciding a case in favour of Z. What offence has been committed? [RJS 1986]

Q. 6. A, a munsif obtains on 15-10-88 from Z, a banker, situation in Z's bank for A's brother as a reward to A for deciding a case in favour of Z. What offence A has committed? [RJS 1989]

Contempts of the Lawful Authority of Public Servants (Ss. 172-190)

Q. 1. A, a Police Station Officer takes down the First Information Report orally given by B about the offence of murder in his village. A asks B to sign the statement. B refuses. Is this an offence? Give reasons. [RJS 1980-81]

Q. 2. Under Section 62, Cr.P.C. a summon is issued by a competent court. A accepts the summon, but refuses to sign on the back of the duplicate. What offence A has committed? [RJS 1986]

False evidence and offences against public justice (Sec. 191-229A)

Q. 1. Distinguish between "giving false evidence" and "Fabricating false evidence". What is punishment for false evidence? [HPJS 2016]

Q. 2. A committed the murder of his ‘son S, by his first marriage, as S used to quarrel with A's second wife W. A dug up a big hole in the floor of the house and buried the dead body. W helped him in digging up the hole. After that, W burnt the blood stained clothes of A. When the police wanted to search the house, she refused to give them entry. She did not answer truthfully the questions put to her by the police. W is charged under sections 201 and 212 of the Indian Penal Code.

(i) Could W be convicted under section 201?

(ii) Is she covered under the exception in section 212?

(iii) If W was not lawfully married to A, will she be given the benefit of the exception? [Punj JS 2006]

Q. 3. Describe and distinguish between Giving false evidence and fabricating false evidence. [UPJS 1997, MPJS 2015, 2019]

Q. 4. An accused has intimacy with an unmarried girl. She gets pregnant. One night she comes to his house and insists on the accused marrying her. The accused refuses. She commits suicide at the door of the accused by taking poison. Later in the night the accused notices the dead body at his door. Out of fear of the police and to conceal the fact of girl being intimate with him and having committed suicide, he throws the dead body into a nullah. Two days later the body is discovered. After investigation the accused is charged under Section 201 I.P.C. What offence, if any, has the accused committed? Give reasons. [RJS 1989]

Q. 5. A, knowing the commission of murder within the limits of Ms estate wilfully misinforms the Magistrate that the death has occurred by accident by falling a tree on him. What offence has A committed? [RJS 2011]

Q. 6. X informs falsely a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailant but knows it to be likely that in consequence of his information the police will make inquiries and make searches in the village to the annoyance of the villagers. What offence, if any, has been committed by X? Give reasons. [DJS 1971]

Q. 7. Sa saint was passing through the jungle near the river, where he saw the dead body of a man lying with multiple stab wounds and a knife near the body. S petrified at the ghastly sight of the body felt that he was duty bound to pray for the Mrvana of the departed soul. He took the body to the river flowing by the side of the jungle. He put the body on the bank of the river and performed puja for the peace of the departed soul and moved forward toward his destination. In the meantime due to a high tide in the river the dead body got washed away in the river water. On the next day when the police reached they found the knife and the blood at the spot of murder in the jungle. They also saw a trail of blood on the path from which the saint had taken the body to the river side. From the place where the saint performed the puja his book bearing his name and the slippers of the deceased which the saint had removed before performing puja were recovered.

Can S be charged for offence under Section 201 IPC? Give reasons. [DJS 2011]

Q. 8. Write Short Note on Prejury [PJS 2003, MPJS 2011]

Q. 9. A states on oath before the Magistrate that he saw B hit C with a club. Before the Session Court A states on oath that B never hit C. May A be charged and convicted accordingly for intentionally giving false evidence? Decide and refer to relevant provisions of the Code. [JJS 2014]

Q. 10. A puts jewels into box belonging to Z, with intention that they may be found in the box and that this circumstance may cause Z to be convicted of theft. Has A committed any offence? If so, discuss the criminal liability of A. [RJS 1991, MPJS 2007, JJS 2014, UPJS 2015]

Q. 11. A, in support of a just claim which B has against Z for one hundred Rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. What offence, if any, is committed by Al [HJS 2001]

Q. 12. What do you mean by Harbour? In what cases is harbouring made an offence under the Indian Penal Code? [HJS 2003]

Q. 13. A, a police officer, made a false entry in the special diary relating to a case which was being investigated by him, but the document in which the alleged false entry was made was not the one which was admissible in evidence. Can he, in the circumstances, be convicted for fabricating false evidence? [HJS 2010]

Q. 14. B, who was heavily insured died of heart attack. B’s girl friend A who was keeping an eye on the insurance money, obtained a false certificate from the Registrar under the Christian Marriage Act, 1872 showing that A was married to B and got the money from the Insurance Company. What offence has the Registrar committed under the Indian Penal Code? [RJS 1975]

Q. 15. In order to seek admission to the university, A obtained a certificate from the doctor showing that A had completed 17 years while he was a lad of only 15. Has the doctor, who knowingly issued a false certificate of age to A, committed any offence under the Indian Penal Code? [RJS 1975]

Q. 16. When can a person be held guilty for giving false evidence? [RJS 1975]

Q. 17. Can a person be held guilty for giving false evidence if he deliberately spoke a lie before the investigating officer when he was examined under section 161 Cr.P.C.? [RJS 1975]

Q. 18. A, a state prisoner escapes from jail. He is arrested from a place where he was given shelter and food by B, his wife. Is B liable to be prosecuted? Give reasons. [RJS 1980-81

Q. 19. A Public servant was arrested on a charge of corruption with a ten rupee marked currency note in his pocket. When the Policemen were busy with drawing up a search memo he chewed and ate up the note. Is this an offence? Give reasons. [RJS 1980-81]

Q. 20. In a criminal trial A is proved to have given false evidence against B intending thereby that B may be convicted of dacoity, an offence for which the punishment may be rigorous imprisonment for life or for a term of ten years rigorous imprisonment and fine. What is the punishment that can be awarded to A in such a case? [RJS 1984]

Q. 21. A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. What offence has been committed by Al [RJS 1986]

Q. 22. A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of justice. What offence has been committed by Al [RJS 1986]

Q. 23. A states on oath before the Magistrate that he saw B hit C with a club. Before the Session Court A states on oath that B never hit C. Whether A may be charged and convicted of intentionally giving false evidence without proving which of the contradictory statements was false. [RJS 1986]

Q. 24. A, an advocate and B went to an Oath Commissioner. A identifies B as C and gets the affidavit attested from the Oath Commissioner. What offence A has committed? [RJS 1986]

Q. 25. A with the intention of causing Z to be convicted of a criminal conspiracy, writes letter in imitation of Z's handwriting purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. What offence has A committed? Explain with the help of decided cases. [HPJS 2018]

Q. 26. Distinguish between the following giving illustrations—

False information and false charge. [RJS 1971]

Offences Relating to Coin and Government Stamps (Ss. 230-263A)

Q. 1. A, knowingly counterfeits pound currency notes in India and keeps them in possession. What offences A has committed? [RJS 1986]

Q. 2. A gives counterfeit rupees to B for goods. B receives them not knowing them to be counterfeit. B afterwards discovers that they are counterfeit and pays them away as if they were good. What offence, if any, has been committed by Bl [RJS 1991]

Q. 3. A represented to B that he could duplicate currency notes. B gave some currency notes to A on that representation. What offence if any, is committed by A? [DJS 1984] Q. 4. Write short note on "to counterfeit". {UPJS 1985]

Offences affecting the public health, safety, convenience, decency and morals (Ss. 268-294)

Q. 1. Explain the provisions relating to public nuisance under IPC. [HPJS 2018]

Q. 2. A resident of crowded colony used to bum tyres, making atmosphere noxious to the health of other residents of the colony. What offence under the Indian Penal Code, 1860 he is committing and what maximum punishment for that may be awarded? [RJS 2014]

Q. 3. What is 'obscenity'. Distinguish between 'obscenity' and 'vulgarity'. [DJS 1990]

Q. 4. Atul and Monika were found kissing and embracing each other in a Maruti Van, parked at 40 paces from police post located at a lonely place. What offence if any is made out. [DJS 1990]

Q. 5. During the search of Residential house of accused for offence under section 120B, 420, 467, 468 and 471 IPC. One video cassette containing pornographic scene is recovered from an almirah, key of which was supplied by accused. What offence if any is made out. [DJS 1990]

Offences Relating to Religion (Ss. 295-298)

Q. 1. A, a Hindu drives a pig in the direction of a mosque where there is a Muslim congregation for prayers. Is this an offence? Give reasons [RJS 1980-81]

Culpable homicide & Murder (Ss. 299-300)

Q. 1. Critically analyse the difference between 'Murder' and 'Culpable homicide' with the help of case law. [UPJS 1984, 1986, 1988, HJS 2022]

Q. 2. A Police Inspector (accused) invited his subordinate (deceased) to have a drink with him in his room. When they were drunk, the nephew of the deceased came and called him for dinner. As the deceased got up to leave the room, the accused got annoyed and started abusing the deceased. When the deceased objected to this, the accused drew up his service revolver and fired two shots which caused the death. Discuss the criminal liability of the accused. Elaborate with the help of case law. [HPJS 2018]

Q. 3. A, an accountant, fraudulently paid money to B, to be kept in a deposit for payment to Y. On demand by Y, the accused made false reports to the effect that Y's money held as a revenue deposit, was to be transferred to the Civil Court, upon which a cheque for making the transfer was drawn up, which the accused altered to conceal his previous fraud. What offence, if any, has been committed by Al Give reasons and case law in support of your answer. [HPJS 2016]

Q. 4. There was a long-standing dispute over the land between the accused and the deceased X. One morning the accused, while working in their field saw two labourers going to the field of X to work there. The accused shouted at them not to do so, but the labourers paid no heed and walked on. Thereupon the accused rushed at them and began belabouring them with the handles of their spears. Meanwhile X arrived and intervened and the accused attacked him. First B and C attacked him on his legs and he fell down. Then A stabbed X in the head with his spear. He then put his leg on X's chest to extract the spear blade which has struck in X's jaws. The blow had gone through the skull and injured the brain, so that X died on the spot. What is, if any, the criminal liability of A, B and C under law? Give reasons and case law in support of your answer.

[HPJS 2016]

Q. 5. The accused, a boy of twenty-one years of age, was charged for committing the murder of his father. The accused was living with his sister, mother and father. The relations between father and mother were strained, and his father frequently used to quarrel with his mother, whom the believed to be unfaithful. In the night, when the total incident took place, there was a quarrel between the father and the mother of the accused. The accused's mother called out 'murder' and the father forced the mother's to the top of stairs and threatened to knife her. Believing that her mother's life was in danger, the accused shot and killed him. There was no evidence that the father had a knife. Decide. What offence, if any, has been committed by the accused under law? Refer to case law and legal provisions. [HPJS 2016]

Q. 6. A, a registered Homeopath, administered 24 drops of mother tincture stramonium and a leaf of dhatura to Smt. Deoki aged 20 years, who had been suffering from guinea worm for six weeks. She, accompanied by her mother, uncle and aunt want to the clinic of the accused A, in pursuance of the advertisement made by the accused, that he treated 'Naru' 'Guinea worm'. After taking this medicine, she started feeling restress and fell ill and ultimately died at 5 p.m. Chemical examination of the stomach contents, and pieces of liver, spleen and kidney could detect no poison in any of these organs. What offence, if any, has been committed by the Homeopath? Discuss with the help of case law and legal provisions in support of your answer. [HPJS 2016]

Q. 7. A entered a closed dense forest area with unlicensed gun for Shikar (gaming) and after going quite deep into it, fired a gun shot, on hearing noise and sensing a movement as if some animal was behind the bushes. However, a man X who was collecting firewood got his and was killed. On murder charge against A, he takes up the plea of accident as a defence. Decide. [Pun] JS 2010]

Q. 8. 'All murders are culpable homicide but all culpable homicide are not murder. Explain and illustrate. Refer to decided case law. UJS 2014]

Q. 9. When does culpable homicide amount to murder? Give exceptions, if any. [HJS 1984] Q. 10. A and D were cousins and lived in adjacent houses. They were not pulling on well and one day they started quarrelling in front of their houses. A held a Kati (sharp-edged weapon) while D was having a stick in his hand. In the course of quarrel, N, the son of A, threw a small knife towards D. D warded off the knife with his stick and it fell down near him. D attempted to pick up the knife, A gave a stroke with his Kati on the head of D D received a severe cut injury and fell down senseless and died after two days. Decide. W8 1988^

Q. 11. A received a divine order in his sleep to sacrifice his child of five years of age. He carries on the order and kills his son. Decide the liability of A [HJS 1988]

Q. 12. B claimed to be proof against a sharpened instrument and invited A to get the fact tested. A cut B on arm but B bled to death. Decide the liability of A [HJS 1988]

O 13 What is culpable homicide? When does it amount to murder and when it does not ’ amount to murder? [RJS, 1977, DJS 1989, HJS 1996, UPJS 2016]

Q. 14. Describe in your own words the difference between Murder and Culpable Homicide not amounting to Murder. [UPJS 1982, HJS 1998]

Q. 15. A has an enlarged spleen. B knows this and gives him a kick on the abdomen which ruptures the spleen. A week later A dies in consequence of the injury received. Discuss the guilt of B. ■ [HJS 1998]

Q. 16. A intending to kill B, shoots at him but the shot misses him and accidentally shoots C whom he never intended to injure. C dies on the spot. Discuss the guilt of A. [HJS 1998]

Q. 17. Under what conditions culpable homicide is murder? Explain. [HJS 1999]

Q. 18. B gives grave and sudden provocation to A. On such provocation A fires a pistol at B, neither intending nor knowing himself to be likely to kill. Z, who is near him, but out of sight. X kills Z. Decide the liability of A. [HJS 1999]

Q. 19. A was knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. Decide the liability of A. [HJS 1999]

Q. 20. A knows Z to be behind a bush. B does not know it. A intending to cause Z's death, induces B to fire at the bush. B fires and Kill Z. What offence, if any, is committed by A? [HJS 2001]

Q. 21. Every homicide is not murder. How does the Indian Penal Code give effect to this statement in its treatment of offences affecting human body? [HJS 2003]

Q. 22. "The distinction between 'Murder' and 'Culpable homicide' not amounting to murder is very fine but real". Discuss. [HJS 2006]

Q. 23. A terminally ill patient, who is eighty years old, requests his doctor to give him a lethal injection, so that he may die peacefully. The doctor administers the injection which results in death of the patient. Is doctor guilty of some offence under the Indian Penal Code? [HJS 2006]

Q. 24. Define the term Culpable Homicide Amounting to Murder'. Do you agree with the view that culpable homicide shall not be considered as murder if the offender, in the exercise in good faith of the right of his private defence, exceeds his right and causes the death of the person against whom he is exercising such right of defence? [HJS 2007]

Q. 25. "Even without a murderous intention, a person may be guilty of murder". Elucidate. [HJS 2009]

Q. 26. A student without an excuse went on, firing with his revolver at the crowd of students resulting in death of one of the students? Discuss the criminal liability of A? [HJS 2009]

Q. 27. Examine as to whether a person who causes the death of a pregnant woman is guilty of committing one homicide or two. [HJS 2010]

Q. 28. K inflicted as many as 20 injuries on the body of M a gandassa (an instrument used in villages for cutting fodder for animals), wrecking vengeance for the enmity between their families; None of the injuries was singly fatal in itself, but as a cumulative result of multiple fractures and the loss of blood, death of M ensued. Critically examine the offence committed by K under the relevant provisions of the Indian Penal Code. [HJS 2015]

Q. 29. Clearly bring out the difference between culpable homicide amounting to murder and culpable homicide not amounting to murder. [RJS 1969]

Q. 30. A and B aged 22 and 23 had a quarrel about a wrist watch which A refused to lend to B. Later B came with a pen-knife and inflicted one injury on A's neck. The wound turned septic and A died after fifteen days. For what offence would you prosecute B in the above case? [RJS 1969]

Q. 31. 'Every homicide is not a murder.' How does the Indian Penal Code give effect to this statement in its treatment of offences affecting human body? [RJS 1971]

Q. 32. How will you distinguish between 'murder' and 'culpable homicide not amounting to murder.' [RJS 1974]

Q. 33. A struck with a piece of firewood a single blow on the head of B with a result that B fell down bleeding from her nose and became senseis. A and his wife W thought that B was dead, and so they placed B on a wooden pyre and set fire to it which caused B’s death. What offence has been committed by A and W? [RJS 1974]

Q. 34. How will you distinguish between 'murder' and 'culpable homicide not amounting to murder'? [RJS 1975]

Q. 35. There was a sudden quarrel on a domestic affair between the husband and the wife who were leading a very, happy and peaceful life. The husband lost his temper and gave three 'danda' blows to his wife. The wife fell unconscious and died after a few minutes. On post-mortem it was noticed that the deceased sustained three simple injuries on her back, but her heart was found empty due to sudden shock. What offence has husband committed? lRJs 19751

Q. 36. When, is it culpable homicide and not murder? [RJS 1980-81]

Q. 37. A is assaulted by B and others with lathis and knives causing him serious injuries. A goes to his house which is about a mile away, brings a pistol and shoots B who dies as a result. What offence, if any, is committed by A? [RJS 1984]

Q. 38. A, without any excuse fires a loaded cannon into a crowd of persons and kills one of them. What offence has been committed by Al. [RJS 1986]

Q. 39. In a marriage ceremony A, a person from bridegroom's side in a hilarious mood fired in the air. The shot hit B, a member of bride's side and caused his death. What offence A has committed? [RJS 1986]

Q. 40. A, B, C buried alive D with the dead body of her husband. What offence A, B, C have committed? [RJS 1989]

Q. 41. Define Murder. Is there any offence which is punishable by death penalty only? [RJS 1991, 1994]

Q. 42. A digs a deep pit and leaving four poisonous snakes therein lays sticks and grass over it. B believing the ground to be firm, treads on it, falls and is killed. State with reasons as to what offence has been committed by A. [RJS 1999]

Q. 43. A is lawfully arrested by B, a bailiff. A is excited to sudden and violent passion by the arrest and kills B. State what offence, if any, A is guilty. [DJS 1989]

Q. 44. B attempts to horse whip A in such a manner as to cause grievous hurt to A. A draws out a pistol, B, however, persists in the assault. A believing in good faith, that he can by no means prevent himself from being horse whipped, shoots B dead. State what offence, if any, A is guilty- [1989]

Q. 45. X has been suspecting his wife to have illicit intimacy with A. He followed her one day secretly to A’s house having provided himself with a dagger. When he saw them undressed, X suddenly potmeed upon them and killed them then and there. For what offence X is liable to be convicted. [DJS 1990]

Q. 46. X was having illicit relations with the wife of deceased and his visits to her house were resented and objected. On the day of occurrence, the accused X visited the house when the deceased was not there. When deceased came and objected to his presence, there was an altercation and exchange of hot words. Thereupon X took out a knife and stabbed on the chest of the deceased resulting in instantaneous death of the deceased. What offence is made out against X? [DJS 1991]

Q. 47. A has a grudge against B, suspecting him to be a police informer and responsible for a raid at the business premises of A. One evening, A confronts B and says that he needs to be taught a lesson for being a chum of the police. A fires from his pistol aiming at B. B ducks. The single fire enters his chest and exists from his back and in the process damages his vital organs. B dies. The medical opinion of the nature of injury sustained by B is as being dangerous to life. In cross-examination, the doctor states that had B not ducked, the fire might have hit on the right thigh but, nevertheless, the same would also have been dangerous to life. In cross-examination, the doctor states that had B not ducked, the fire might have hit on the right thigh but, nevertheless, the same would also have been dangerous to life. Analyze the factual matrix and write as to whether, in the given circumstances, the culpability of A should be that of Murder or that of Culpable Homicide Not amounting to Murder. [DJS 2006]

Q. 48. What is culpable homicide and murder? When is culpable homicide not murder? Explain with exceptions. [MPJS 1998]

Q. 49. B claimed that his body is resistant against sharp instruments and invited A to get the fact tested. A cuts the arm of B and B died due to bleeding. [MPJS 2007]

Q. 50. M had constructed a house in the 'Phimi' (outer circuitous road) of village Khurd. He had installed a water-pump near his house. R and his father S who belonged to village Kalan had purchased agricultural land adjacent to the 'phirni' of village Khurd. A, the wife of M, was one day cleaning the utensils at the water-pump and M was washing his hands and face. R started digging earth from the 'phimi' and started throwing it towards the water-pump. M asked him not to do so but he did not desist and in the meantime, S, the father of R arrived there with a 'Kassi'. There ensued an alteration between S and M, where upon S exhorted R to attach M, R gave one blow with sharp edge of 'Kassi' on the head of M, M was injured and was admitted to the hospital, where he died after six days.

On the basis of the above facts, answer the following questions giving reasons:

(a) Whether there was premeditation on the part of R.

(b) What difference did it make that M died six days after and not immediately?

(c) Whether there was knowledge on the part of R that by his blow he was likely to cause such bodily injury on M as was likely to cause death of M?

(d) Where there was intention on the part of R to cause bodily injury to M which was sufficient in the ordinary course of nature to cause death.

(e) What offence has been committed by R? [UPJS 1983]

Q. 51. A knows Z to be behind a bush. B does not know it. A intending to cause of knowing it to be likely to cause Z's death induces B to fire at the bush. B fires and kills Z. Comment on the criminal liability of A and B. [UPJS 1986]

Q. 52. A intending to kill B inflicts on B a mortal wound and mistakenly thinking him dead throws his body in a lake. A with the result that B dies by drawing. Is A guilty of murder. Answer with reasons. [UPJS 1988]

Q. 53. A placed a bomb in a medical store and gave people inside three minutes to get out before the bomb exploded. B an arthritic patient, failed to escape and was killed. Giving reasons, state what offence, if any, has been committed by A.

[UPJS 1992, 1997, 2006]

Q. 54. A by shooting at a fowl with intent to kill a hiral it kills B, who is behind a bush, A not knowing that he was there. What offence has been committed. [UPJS 1997]

Q. 55. A intentionally gives a sword-cut to B sufficient in the ordinary course of nature to cause death. B dies in consequence. What offence has been committed. [UPJS 1997]

Q. 56. A without any excuse, fires a loaded pistol into a crowd of person and kills one of them. What offence has been committed. [UPJS 1997]

Q. 57. Distinguish between murder and culpable homicide not amounting to murder. [UPJS 1982, 1999]

Q. 58. "It is often said that there is a very thin but fine distinction between the offences of culpable homicide not amounting to murder and culpable homicide amounting to murder because the difference is merely of question of different degree of probability of death ensuing." Examine the correctness of the above statement with the help of legal provisions and decided cases. [UPJS 2000]

Q. 59. When culpable homicide does not amount to murder? Illustrate your answer. [UPJS 2006]

Q. 60. X gave a kick to Y, who had enlarged spleen. As a result of the kick, the spleen was ruptured and Y died. Giving reason, state what offence has been committed? [UPJS 2012]

Q. 61. Pigs of K were seen damaging the crop of B. B and his young nephew drove them away and went to the house of K to lodge protest. K instead of tendering apology started abusing them and being told that his conduct was wholly unjustified he went inside and took out lathi. B and his nephew took to their heels. They were chased and at a distance of 100 yards K dealt severe blow on the head of B and as a result he fell unconscious and died after four days. Postmortem examination reveals fracture of left parietal bone and temporal bone besides depression and congestion. In the opinion of the doctor death was due to coma which was due to injury to the brain and skull.

For what offences you would hold K guilty? Justify your answer with reasons. [DJS 1976]

Q. 62. The accused had repeatedly tried his luck at the matriculation examination, but failed even at his last attempt. In frustration, he decided to put an end to his life. He made a pact with his 19 years old wife who told him that they both should depart from the world at the same time, and that he should kill her first so that she would predecease him. Thereupon the accused struck her with a crow-bar and not being able to witness a self perpetrated tragedy, he ran out with blood stains on his body. The wife died.

Can the accused be convicted for charge of murder punishable under section 302 I.P.C.? If not, what offence he has committed? [DJS 1980]

Q. 63. C and D appellants in a criminal case gave some food mixed with arsenic to Ram, Gopal and Govind in order to rob all three of them of their personal effects. They were found lying in the open next day. Ram and Gopal recovered after treatment, but Govind due to exposure to cold developed pneumonia and died. Sessions Judge convicted both the accused for murder. Decide the appeal against their conviction. [DJS 1980]

Q. 64. Smt. Dhirajia is a young woman, married to Jhagga. They have a six month old baby.

Smt. Dhirajia was not well treated by her husband. There was a quarrel between them on the day of incident and husband uttered threats that he would beat her. Late that night Jhagga woke up and found his wife and baby missing. He went out in pursuit of her. She turned round in panic, ran a little distance with baby in her arms and then jumped into an open well which was at some little distance from the path. Baby died while Dhirajia was rescued. She is charged with murder of her baby under section 302 and with attempt to commit suicide under section 309, I.P.C. It is contended on her behalf that there was no mens-rea on her part. Decide objection and offence, if any, of which she should be convicted. [DJS 1980]

Q. 65. One morning J had a trivial dispute with A, a friend of D. At about 10 p.m. on the same date when D alongwith A and another person came out of the house, / gave a knife blow to D which hit on his chest resulting in his death. At the place of occurrence there was dim light coming from a nearby electric lamp post. The doctor who conducted autopsy found one stab wound 416 cm + 216 cm on front of left side of chest at 6 o'clock position, and opined that the injury was sufficient in ordinary course of nature to cause death.

Can / be convicted under section 302 I.P.C.? If not, what offence was committed by him? Give reasons. [DJS 1984]

Q. 66. When offence falls under section 304 Part I and when falls under section 304 Part II of IPC? Discuss [MPJS 2017]

Q. 67. A young mother was frequently ill-treated. One night, after a bitter quarrel with her husband, she slipped out of the house. While she was hurrying, she heard footsteps behind her, she panicked and jumped into a well with her baby in her arms. She survived but the baby died. Discuss with the help of relevant sections of the Indian Penal Code, 1872 and case law the liability of this young woman. [HPJS 2019]

Q. 68. A attacked B with lathis. B died several days later and the post-mortem report stated that the cause of death was asphyxia and heart failure brought on by injuries to the body. The evidence also disclosed that he was suffering from an enlarged heart which increased the probability of heart failure even from minor injuries. You are required to decide the case and also state the provision of law regarding the issue and its interpretation by the apex court. [HPJS 2019]

Q. 69. Baladin, Mata Prasad, Devendra, Banwari and Brinda had been on look-out for one who was out destroying their crop at night. On that fateful night they caught Jaikaran red- handed, with heavy chopper used for cutting down standing crop and a bag containing several kilos of unprocessed crop. The five of them tied Jaikaran to a mango tree in the village centre and began pounding him with kicks and blows. Since Jaikaran was not willing to own responsibility for the earlier incidents of destruction, Baladin brought a burning bamboo pole and torched him all over the body. In order to compel Jaikaran to confess Baladin thrust the burning bamboo pole into his mouth causing extensive injuries in Jaikaran. On the intervention of Sarpanch Jaikaran was untied, taken to hospital for treatment, where he died the next morning. The doctor testified that the injuries were cumulatively sufficient to cause death in ordinary course of nature. What offence has been committed by the five accused?

Can Baladin alone be prosecuted for murder under section 302? What cause of section 300 is applicable in this case? [Punj JS 2001]

Q. 70. Ms. Gurjeet Kaur and Bunty were" very close friends during their college days. The intimacy became so close that they decided to marry each other. In the meantime, Gurjeet came in contract with Ratinder whose parents were settled in Canada. She thereafter, refused to marry Bunty and decided to marry Ratinder instead.

Bunty became so dejected that he decided to disfigure the face of Gurjeet before her marriage. Two days before the marriage when Gurjeet was on her way to a beauty parlour, Bunty threw concentrated acid on her face which not only disfigured her face but inflicted bum injuries throughout her body. Gurjeet was rushed to the hospital where she died a few hours later.

The parents of Gurjeet intend to go to a Court of law against Bunty. Kindly advise them as a legal adviser. State the ground on which you as a prosecutor would build your case. Also cite relevant Court mlings in your favour. [Punj JS 2000]

Q. 71. Describe the exceptions in which Culpable Homicide does not amount to a murder.

[MPJS 2003, CJS 2003]

Q. 72. The accused A was Colonel in the Army and was in active service. One day he came home and found that his wife B was cold towards him. During the talks he learnt from her that during his absence his friend C had established liaiison with B. A was provoked, lost self control and in a fit of rage went to C's house and shot him dead. At the trial A pleaded grave and sudden provocation.

Please record your opinion regarding A's liability in the circumstances. [RJS 1974]

Q. 73. A procession of students was marching on the road to ventilate their grievance against their teacher. The procession was attacked by a group of students supporting the teacher. Violence was used from both sides with a result that one member of the group supporting the teacher died. A who was leading the procession of the aggrieved students also suffered injuries. Could A be held liable for the murder of the member of the opposite group? IRJS 1975]

Q. 74. A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby causes death he would be guilty of culpable homicide not amounting to murder. What offence does A commit? [RJS 1986]

Q. 75. Examine the concept of "grave and sudden provocation" provided in Exception-1 of Section 300 of the Indian Penal Code, 1860. Point out the circumstances whereunder the accused can not be given benefit on the ground of grave and sudden provocation. [RJS 1999]

Q. 76. What are the conditions enumerated in proviso to Exception-I of Section 300 of the Indian Penal Code 1860, subject to which defence can be set up by accused that he lost power of self-control due to grave and sudden provocation given by victim? [RJS 2015]

Q. 77. B, aged 25, went to M, his father-in-law, to bring-back his wife N. M was reluctant to send his daughter N with B. He was supported by his sister's husband D in refusing B's request to send N with him. On this, heated words were exchanged between B and D. After taking food at night D and B slept in the courtyard and N slept in the room inside. At about midnight B woke up and found that D was not on his charpai. He looked around and then .went to the doqr which was chained from inside. He peeped .through the chink of the door and saw D having sexual intercourse with N. B returned to , his charpai and lay down on it. D returned after 10 minutes to his charpai and the door was’again chained from inside. B remained laying down for a short while, and D began dozing, he wiped out a knife which he always used to carry on his person and stabbed D several times. In a couple of hours D died of the stab-wounds. B was prosecuted for the murder of D. At the trial the medical evidence showed that the injuries inflicted by B on D were sufficient in the ordinary course of nature to cause death. It was also in evidence that B, D and M were uneducated, rustic villagers belonging to teli community. How will you decide as to the guilt of B. [DJS 1973]

Q. 78. Discuss the law relating to "grave and sudden provocation" as contained in the Indian Penal Code and State the extent to which it mitigates the responsibility of an accused for the offence of murder. Refer to case-law to illustrate your answer. [UPJS 1999, 2012]

Q. 79. A without any excuse fires a loaded canon into a crowd of persons and kills B, one of them. He had no premediated design to kill B. What offence, if any, is committed by A? [RJS 1984]

Q. 80. A knows Z to be behind a bush. B does not know it. A intending to cause or knowing it to be likely to cause Z's induces B to fire at the bush. B fires and kills Z. What offence committed by A. [HJS 2010]

Q. 81. A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him and not having been subject to the provocation, assists A in killing Z. What offences have been committed by A and B? [RJS 1986]

Q. 82. Discuss the law relating to 'grave and sudden provocation' as laid down in Indian Penal Code and state the extent to which it may mitigate the responsibility of the accused for the offence of murder. Quote rulings. [RJS 1986]

Q. 83. A under the influence of passion excited by provocation given by B kills C intentionally. State what offence, if any, A is guilty. [DJS 1989]

Q. 84. Discuss the law relating to 'Grave and sudden provocation' as laid down in the Indian Penal Code and staff the extent to which it may mitigate the responsibility of the accused for the offence of murder. Refer to case-law to illustrate your answer. [UPJS 1984]

Q. 85. 'Provocation must go to the accuse, he must not to provocation'. Comment. [UPJS 1992]

Q. 86. A living in a resettlement colony had put his bucket under the water tap in the gali for filling water. B, who resided nearby and was present there from before, felt aggrieved and so he threw the bucket of A. A fight ensued between A and B. On hearing noise, many persons living in the neighbourhood assembled and tried to separate A and B. C, the brother of B arrived at the spot and picked up a stone lying nearby and threw it towards A. The stone hit A on his arm and he fell down. While falling, A hit his head against a concrete boundary wall and blood started oozing from his head. A was taken to the hospital where he died after two days. The post-mortem report attributes injury on the head of A as the cause of death.

Decide whether accused C is guilty of having committed an offence of murder under Section 302 of the Indian Penal Code or culpable homicide not amounting to murder under Section 304 of the Indian Penal Code or an offence under Section 307 of the Indian Penal Code or any other lesser offence under the Indian Penal Code. [DJS 2018]

Q. 87. Of what type and of what degrees the mens rea is required to be proved in the case of murder? [RJS 2011]

Q. 88. The accused lived with her aunt aged 73. The aunt was suffering from a disease and during the last ten days of her life, was supplied neither food nor medical attendance by the accused, whereby her death was accelerated. What offence, if any, has been committed by the accused? Give reasons in support of your answer. [HPJS 2016] Q. 89. Mr. A attacks Mr. B with a knife and injures him. Though the cut was not sufficient in the ordinary course of nature, B died of tetanus. State the liability of A while explaining "Causation" as an element of criminal liability with the help of case laws and illustrations? [Punj JS 2019]

Q. 90. Mr. Amrik Singh owned an orchard of mangoes lying adjacent to a community . playground. Most of the fruit from the orchard was being stolen either by children playing cricket or by truck drivers on the highway. He, thereafter, fenced it with a barbed wire but without any result. When he felt tired he connected the barbed wire with live electric wire with an intent to protect his fruit. Next day when children were playing, the ball went off into the orchard after Ramesh hit it for a six. Satbir Singh, a player on the defending side, went to fetch the ball unmindful of the fact that a live electric wire was attached to the fencing of the orchard. Fortunately, when he went in electric current in the wire was absent. However, on his return the current was restored. So while negotiating his way, he received a electric shock as a result of which he died. Decide the offence and the correct provision of Law under which Mr. Amrik Singh can be prosecuted. Support your answer with reasons. [Punj JS 2000]

Q. 91. In remote village of Rajasthan, a lady named Chandrawati decided to perform sati as she believed it to be a sacrosanct custom. On the day her dead husbands pyre was being set-up, she stuck to the ancient tradition and accompanied the corpse to the place of cremation. Initially, her mother-in-law, brother-in-law and sister-in-law tried to dissuade her from performing sati. But later on, they gave in as Chandrawati was adamant and went to the cremation ground alongwith some other relatives. One of her relatives, Kalawati called up the police and informed the officers of the incident. When the police arrived at the spot, Chandrawati had already entered the pyre with her husband and all the other relatives (with the exception of Kalawati) including her mother-in-law, brother-in-law and sister-in-law were present on the scene and were chanting sacred hymns. The pandit was just about to set fire to the wood when the police stopped him. Keeping the aforementioned facts in mind, fix the criminal liability of each of the persons present on the scene. State reasons for your answer and cite relevant provisions of the Indian Penal Code. Use case law wherever required. [Punj JS 2013]

Q. 92. A had a knowledge that his friends may use force in persuading B to lend his valuable manuscript to C. B was given beating when he refused to give his book by the friends of A. How far A is liable for the acts of his friends? [RJS 1975]

Transfer of malice (S. 301)

Q. 1. Sh. Prem Singh intended to kill Gurbachan Singh on whose life Prem Singh had invested large amount in insurance without the knowledge of Gurbachan Singh. In order to obtain sums for which he (Gurbachan) was insured, Sh. Prem Singh administered to Gurbachan sweetmeat (Halva) mixed with arsenic and mercury in soluble form. Gurbachan ate some portion of the sweetmeat and left the rest on the dining table in the house of Prem Singh, where other relations of Prem Singh too were invited. Two young children aged 7 and 8 years respectively of Prem Singh's sister, who were incidentally there, took the sweetmeat left on the table without the knowledge of Prem Singh and ate it. Both these children died while Gurbachan Singh suffered excessive vomiting due to poisonous sweetmeat. Prem Singh has been charged of murder of two innocent children, he pleads that he never intended to kill them and they took the sweetmeat without his knowledge. Being a Judge in this case, discuss the liability of Prem Singh and the provision of law. Give reasons to support your answer. [Punj JS 1999]

Q. 2. A mixes poison in the glass of milk which he believes will be consumed by B. Instead. C consumes that milk and dies. What offence, if any, is committed by A? [RJS 1984]

Q. 3. A intending to kill his enemy B leaves poison for him which is accidentally taken by C, a friend of A. It was not usual for C to go to this place, where the poison had been left. C dies in consequence and A is put on trial for the murder of C.

Can A successfully take up the defence that he is immune from punishment as C's death was pure accidental never intended by him? [DJS 1971]

Q. 4. A in order to kill B added poison to the halwa and offered it to B. B took a small bite did not like the taste and spat it out and threw the remaining portion. A child playing nearby happened to see the halwa - took it and ate it and died. Discuss the liability of A and B elucidating the principles of criminal law involved in the case. [HPJS 2019]

Q. 5. A instigates a child to put poison into the food of C and gives him poison for that purpose. The child by mistake puts the poison into the food of B and consequently B dies. Discuss the liability of A. [UPJS 2018

Q. 6. The Forest Department had information about the operations of the Forest Mafia. On the day of the occurrence Ram, a conscientious forest guard, caught X, Y and Z felling sal trees without permit. Failing to escape, they confronted Ram and tied him with ropes. After immobilizing Ram, X, Y and Z inflicted grave injuries on his legs and arms from the blunt side of a heavy wood cutting axe. They used the blunt side of the axe for inflicting two injuries on the head as well. Ram was found dead the next day. The post-mortem report revealed that the death resulted on account of shock and brain concussion brought about by the head and limb injuries.

Discuss the offence for which X, Y and Z can be prosecuted. [Punj JS 1998]

Causing death by negligence (S. 304A)

Q. 1. V, a 14 years old boy and his mother went to the river to bathe. R had placed a live wire under water with a view to catch fish. V was electrocuted and died in the hospital. Is R guilty of any offence? If so, why? [Punj JS 2006]

Q. 2. A 100 years old building, owned by B which was in a damaged condition was situated in Babra Mohalla at Rohtak. In October 2004, a part of the above said building had

fallen down, as a result of which three persons had died. Discuss the Criminal Liability if any, of B regarding the death of the above said persons. [Punj JS 2007]

Q. 3. A was driving a bus on a kacha road at high speed. There were iron sheets placed on the top of the bus. On way some of the iron sheets fell down on the head of B and also injured some other persons walking on the road. B was carried to the hospital by A. B died after a month. Has A committed any offence? If so what? [RJS 1977, HJS 1996]

Q. 4. Write a judgment by developing imaginary facts convicting and sentencing an accused for an offence punishable under Section 304A of the Indian Penal Code. [RJS 2014]

Q. 5. Distinguish between criminal rashness and criminal negligence. Illustrate your answer. [DJS 1979]

Q. 6. There were many thefts in a short period in the vicinity of a police station. Station House Office A, on one occasion, was fired at by a thief. He received information that three thieves were prowling about at night nearby. He set out patrolling and took with him two constables. He saw a man crouching under a tree who moved away as the police¬party came near. The S.H.O. fired at that person and killed him. It was later discovered that the deceased was a coolie at the godown nearby.

Discuss his liability for the offence punishable under section 304A, I.P.C. [DJS 1979]

Q. 7. A and B were practising shooting at a target at a place near a public road. A bullet fired by A wounded and killed a passer-by. Specify the offence, if any, committed by B. [DJS 1979]

Q. 8. A motor truck was being driven by A who had no licence for driving. B who was the driver of the truck was sitting by the side of A. The truck, while being thus driven, struck a telegraph pole and hit a passer by, whose one leg got crushed and had to be amputated to save his life. What offence if any has been committed by A and B? [DJS 1990]

Q. 9. A while driving his car in a rash and negligent manner causes death of B, C, D & E at different points of the same road on the same night. Prosecution alleged that it is a case of commission of offences under section 304 IPC. It is argued on behalf of the accused that the case falls under the ambit of Section 304A IPC. Which fact would be relevant to determine negligence, intention or knowledge of the accused for commission of aforesaid offences? Discuss. [DJS 2006]

Q. 10. A is charged under Section 304 Part 2 IPC for causing death of P. The evidence matrix is as follows:

A is driving a car. The speed of the car can be described as moderate. The music is on. A has a friend as a companion. They are talking and A has the habit of looking at his companion while driving. He gets a call on his cell phone. He attends the call. During the course of his attending the call, he makes some gestures towards his companion and, somehow, loses control to the car. The car steers to the left and hits P, a pedestrian, who is injured and, unfortunately, dies on way to the hospital. The prosecution contends that the evidence proves its case of culpable homicide. The defence argument is that the nature of the act attributable to A could, at best, be said to be causing death by rash or negligent act punishable under section 304A IPC. Write a judgment. [DJS 2006] Q« 11. T, an unmarried woman became pregnant as a result of a rape. She, along with her mother, went to the clinic of J, a homoeo-medical practitioner and requested him for an abortion. J agreed to about her on payment of Rs. 2,000. The amount was paid and an operation was performed. But within an hour, the condition of T became very critical j\'Or and she died. Discuss what are the offences under which J could be charged [Pun] JS 2006]

Q. 12. What is the difference between 'rash act' and negligent act? When do they become ’ offence? Give one Illustration of each. [UPJS 1991]

Dowry death (S. 304B)

Q. 1. Write short note on Dowry Death. [RJS 1989, MPJS 1998, Pun] JS 2003]

Q. 2. What are the essential ingredients of offence of dowry death? How this offence differs from the offence of abetment for suicide by a married woman within Seven (7) years of her marriage. [MPJS 2006]

Q. 3. Discuss the essential ingredients of dowry death. [UPJS 1992]

Q. 4. On the night intervening 31-8-2019 and 1-9-2019, P strangulated his wife X and caused

her death at around 11:00 PM on the rooftop of the premises. On 1-9-2019, a case was registered against P under section 302, I.P.C. P was tried by the Court of Sessions. To prove its case, the prosecution examined 10 witness.

Case of the prosecution

(a) Star witness C, son of the deceased aged around 7 years has in his deposition implicated P for causing death of his mother by strangulation with 'saria'.

(b) Neighbour Z testified that he had seen P leaving the house in the morning on 1-9- 2019 at 6:30 AM.

(c) Crime weapon i.e., 'saria' was recovered pursuant in the disclosure statement of P from underneath the bed in the house.

(d) P absconded from the crime spot.

(e) False explanation in section 313 of the Cr.P.C. statement. Defence of P.

(a) He is not the author of the crime.

(b) C's testimony cannot be believed as he was sleeping at the relevant time; he is a tutored witness. C did not inform the police and his statement was recorded by the police after a delay of 10 hours. He used to scold C for missing his school classes.

(c) The 'saria' was a piece of rod hearing ridge marks but the post-mortem examination report did not suggest whether the strangulation marks appearing on the neck of the deceased had those ridge marks of the 'saria'.

(d) He had no intention to kill X. On that night, he had come late at home after viewing a movie at 11:00 PM and was under the influence of liquor. He asked X to prepare food for him. When she declined, a quarrel took place; he lost his cool and gave beatings to X. In anger, X went to her room and committed suicide.

Decide the criminal liability of P dealing with the rival contention. [DJSE 2019]

Abetment of suicide (Ss. 305-306)

Q. 1. X, a Superintendent in the Ministry of Defence committed suicide on 15.01.2018 in his house. His wife lodged a complaint that X was suffering from mental torture as his superior officer P was getting heavy work done from him from 10 am to 10 pm. P would call him at odd hours and even on holidays to get the work done. P had stopped his  salary without any reason for 3 months and was threatening to stop his increments. Because of pressure of work, X used to remain silent. She named P to be responsible for the death of her husband. On the basis of the said complaint, an FIR under Sections 306 and 506 of the Indian Penal Code is registered against P. During investigation, the police recovered a suicide note written by X detailing these facts. P seeks quashing of the FIR under Section 482 of the Code of Criminal Procedure. Discuss. [DJS 2019]

Q. 2. A student leader of a University declared himself for self immolation. He got logs piled up in front of the main gate of the University and sprinkled kerosene oil over it. Thereafter he climbed over the pile of wood and sprinkled kerosene oil upon himself too. In the mean time the police came and registered a case of "attempt to commit". Suicide. Answer, giving reason whether the student is guilty of committing the said offence. [UPJS 2012]

Attempt to murder (S. 307)

Q. 1. A shoots at B aiming at his head, but misses B completely. What offence, if any, is committed by Al [RJS 1984, 1994]

Q. 2. A, a woman, with a view to poisoning her husband, administered a substance, which she believed to be poison, but which, in fact, was harmless. What offence, if any, has been committed? [DJS 1971]

Q. 3. A is an absconding criminal with a warrant of arrest issued against him for dacoity. The Chowkidar, getting information of his presence in the village proceeded with a party to arrest him. A pointing a blunderbuss at the party, pulled the trigger, the cap exploded but the piece missed fire.

Has any offence been committed in the above cases by A? [DJS 1989]

Q. 4. Amar drew a loaded revolver completely from his pocket but his arm was seized by Balwant before Amar could take any aim at Balwant before struggling Amar said several times to Balwant, "I will kill you" but he could not press the trigger of the revolver. Can Amar be convicted for attempt to murder? Give reasons for your answer. [UPJS 1987]

Q. 5. A wants to kill B with arsenic position and with that purpose administers sugar to him in food, believing the sugar to be arsenic. Discuss the liability of A. [UPJS 1991, 1992, 1997]

Q. 6. Distinguish with illustrations between attempt to murder and attempt of commit culpable homicide. [UPJS 1985]

Attempt to commit suicide (S. 309)

Q. 1. A woman, with the intention of taking her life by throwing herself into a well, ran towards it, but was prevented from doing so at the edge of the well by her brother. [DJS 1971]

Q. 2. C, mother of two infant children, quarrelled with her husband, got much excited and declared that she would kill herself by jumping into the village well. Saying so, she ran towards the well declaring what she intended all the way but was stopped within a distance of two yards by some persons who happened to be at the well.

Argue that she had not committed any offence. [DJS 1976] 

Thug & its Punishment

Explain in brief Thug MPJS 19981

Causing of miscarriage. Injuries to Unborn Children, the Exposure of Infants, and Concealment of Births (Ss. 312-318)

A with the intention of causing the death of an illegal child of tender age, exposes it in a desert place. There after a passer-by saves the child from dying. What offences has been committed by A? [HJS 1996

A, knowing that he is likely to cause death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn child with which shejs pregnant is thereby caused. What offence does A commit? lRJs 1986J

A causes miscarriage to prevent a female child being bom alive. What is the punishment for it under the Indian Penal Code? [RJS 2011]

A, a woman, throws her newly-born female child into a drain. A passerby saves the child. What offence has A committed under the Indian Penal Cede? [RJS 2011]

Hurt and grievous hurt (Ss. 319-338)

Q. 1. Define criminal force, hurt and grievous hurt? [MPCJ 2021]

Q. 2. A severally injured a beautiful girl walking in the market by throwing the acid on her body. She is admitted in dying state. What offence A has committed and how much punishment he deserves under Indian Penal Code, 1860? [JJS 2019]

Q. 3. Explain the provisions relating to Acid Attack as an offence under the IPC with the help of case law. [HPJS 2018]

Q. 4. Explain in brief: Hurt—Grievous hurt. [HJS 1984, MPJS 1998, 2004, CJS 2004, UPJS 2012]

Q. 5. A beats his wife. She becomes unconscious. Believing her to be dead and to save himself from being prosecuted for murder. He hangs her in a beam of the house with rope. Medical report discloses that she died due to hanging. Discuss A's liability. [UPJS 2000]

Q. 6. A attempts to rescue B from the custody of police and while making such attempt causes grievous hurt to constable C and simple hurt to constable D. [HJS 1988]

Q. 7. Define and distinguish between hurt and grievous hurt. [HJS 2000, RJS 1980-81, 1986] '

Q. 8. What hurts are designated as grievous? [RJS 1976]

Q. 9. A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. What offence does A commit? [RJS 1986]

Q. 10. A threw acid on the face of B, a young girl. Under what section of Indian Penal Code < A can be convicted? [RJS 1989] 

Q. 11. What kinds of hurt are designated as grievous? [RJS 1989]

Q. 12. A, a police officer tortures B to induce him to point out where certain stolen property is deposited. What offence, if any, has been committed by A? [RJS 1991]

Q. 13. X a teacher in a public school at Delhi assaulted Y, a second standard student with a wooden stick. It resulted in a injury to her left eye. Despite treatment and surgery, there was loss of eyesight. Y's father lodged FIR after 25 days. What is the nature of the offence committed by X. [DJS 2019] 

Wrongful restraint and wrongful confinement (Ss. 339-348)

1.Distinguish between "wrongful restraint" and "wrongful confinement". [HPJS 2016] Discuss the essentials of wrongful confinement and distinguish it with wrongful restramt. [HJS 1996]

2. Define and distinguish between wrongful restraint and wrongful confinement [RJS 1976, HJS 1988, 2000, 2013, UPJS 1984]

3. A places men with firearms at the outlet of a building, and tells Z that they will fire at Z if Z attempts to leave the building. What offence does A commit? [RJS 1986]

4.Discuss the essentials of wrongful confinement and distinguish it with wrongful restraing. [UPjS 1983,

5. A places men with fire-arms at the outlets of a house and warns B that they will fire at B if B attempts to leave the house. What offence has A committed? [UPJS 1991] A climbed upon the roof of his house with the help of a ladder. B intentionally pulls the ladder. What offence has been committed by B?

Criminal Force and Assault (Ss. 349-358)

1. Explain in brief Force—Criminal Force [CJS 2004]

2.What is Force? Distinguish between Criminal Force and Assault. [RJS 1980-81, HJS 2003, 2006]

3. (a) How will you define?—

(i) Assault

(ii) Criminal force [RJS 1975]

4. A, who was going in a crowded market, deliberately gave a push to a young girl, who was coming from the opposite side. On resentment expressed by the girl, A again pushed her and slipped away. What offence, if any, was committed by A? [RJS 1975]

5. Briefly state the distinction between assault and using criminal force. [MPJS 2009]

6. Explain the essential ingredients of Criminal force. [UPJS 1991]

7. A shakes his Fist Act at B, intending or knowing it to be likely that he may thereby cause B to believe that A is about to strike B. [UPJS 1997]

8. Answer problem with reference to relevant laws:

A points an unloaded pistol at B, who sues him for an assault. A in his defence pleads that the pistol was unloaded. How will you decide this case. Give reasons to support your answer. [UPJS 2013]

M having intention to cause injury incites a dog to spring upon N, without N's consent. N is annoyed by the act of M. What offence, if any, has M committed? [UPJS 2013] Solve the following problem by referring to relevant laws:

A shakes his fist at Y, intending or knowing it to be likely that he may thereby cause Y to believe that A is about to strike Y. [UPJS 2015]

9. Distinguish Assault and criminal force. [UPJS 2012]

10. Critically examine the impact of the offence amended and inserted into the Indian Penal Code, 1860 by the Criminal Law (Amendment) Act, 2013 to protect women against sexual harassment. [JJS 2014]

11. Assault and criminal force to women (Ss. 354, 354A to 354D)

Q. 12. M had caused injuries to the vagina of a seven and a half months old child by fingering. He was charged under sections 323 and 354 of the Indian Penal Code. 

(i) Does a female child of 7-12 months passed womanly modesty.

(ii What is the difference between the offenses under sections 354 and section 509 of the Indian Penal Code [Punj JS 2006]

13. Discuss points of distinction between 'Outraging the modesty of a woman' and 'insulting the modesty of a woman'. [Punj JS 2007]

14. A, a police officer slapped on the posterior of a lady officer in the presence of elite persons. On being prosecuted, A took the defence of "de minimis non curat lex." Will A succeed? [Punj JS 20131

15. Describe the offences of Voyeurism & Stalking. [MPJS 2013]

16. Explain the different forms of outraging of modesty of a woman which in recent past the Criminal Law (Amendment) Act, 2013 has enumerated under Section 354 of the Indian Penal Code, 1860. [UPJS 2016]

17. Discuss points of distinction between "outraging the modesty of a woman and "insulting the modesty of a woman". lHJs 2006l

18. Write short note on Offence of Stalking under Indian Penal Code. [MPJS 2015] P, a staff-member at a shopping mall secretly installed a CCTV camera in the women s trial room at the mall and watched the footage of women changing clothes in the said room on his mobile phone.

19. Consider the above facts and decide the criminal liability of P.

Kidnapping & Abduction (Ss. 359-369)

1. Explain and elucidate the difference between kidnapping and kidnapping for ransom? Is the difference justified? [DJS 2018]

2. What is kidnapping from lawful guardianship? Explain it with essential elements. [UPJS 2018]]

3. D, a girl of 16 years, was married to X by her father, F. According to M, the maternal uncle of D, X was a poor match for the girl. Within the first three months of the marriage X started ill-treating and beating his wife. Being fed up with X, D left his house saying that she would never return. Two days later D reached the house of M and insisted that she would stay with him till X reconciles to her getting married to some other suitable boy. M informed D's mother and brothers about the developments, but did not inform X nor told D to leave his house. The police recovered D from the house of M.

Can M be prosecuted under section 363? [Punj JS 1998]

4. Deepti a Brahmin girl aged 17-3/4 years was acquainted with Suresh a non-Brahmin doctor of 22 years age. This acquaintance developed into an intimate friendship and both of them decided to marry each other after Deepti attains the age of majority. Deepti's father having come to know about it tried his level best to dissuade Deepti from keeping any relations with Suresh. Having been assured with every possible help by Suresh, Deepti turned a deaf ear to her father's advice and continued her relationship with Suresh. Deepti's father was annoyed at her behaviour and shouted at her telling her very rudely that either she must sever all her relations with Suresh or he would strangle her while asleep. During the night on that day, she (Deepti) stealthily left the house and went to Suresh who provided her the accommodation, food and other necessaries in his house. Suresh is being prosecuted for kidnapping Deepti. Decide giving due consideration to the probable arguments of the prosecution and the defence. [Punj JS 1999]

Q. 5. Ritender, a Class XII student came from a rich family and was very friendly with Smitha,

a Class X student in the same school. Ritender and Smitha had jointly participated in several school dramas and youth camps. As Smitha liked Ritender's company she often insisted that Ritender took her out to movies and restaurant during school hours. Ritender was conscious that Smitha was a minor, that is why he was very particular in reaching her home after every date. In the last incident Ritender had thrown a birthday party to which several of his classmates including Smitha were invited. After the party that lasted till the late hours of night, Smitha refused to return back home or leave Ritender's house. This time Ritender did not persuade Smitha to return home. Smitha was 17 years and 10 months on the day she decided to stay on.

Parents of Smitha are interested in prosecuting Ritender. Can Ritender be held liable for the offence of kidnapping from lawful guardianship? [Punj JS 2001]

Q. 6. A, girl of 17 + years, is well-known to B, as they have neighbours as well as students together in the same school. They live in a modem city and belong to very wealthy and educated families. They are in love and want to get married. But, A's father who is a very high government official objects because B belongs to a different caste. A and B run away from home. They go to a temple and get married. A's father makes a complaint to the Police that B had abducted his minor daughter, on the basis of which FIR is registered against B. Ten days later, A and B are apprehended by the Police. During investigation, A and B inform the Police that they have been visiting different places like any other couple on honeymoon. B tells the woman police constable that the marriage has been consummated and she is no longer a virgin. What offences have been committed by B. Discuss any possible defence that can be put forward on behalf of B. [Punj JS 2003]

Q. 7. Distinguish between kidnapping from lawful guardianship and Abduction. [HJS 1988, 1998]

Q. 8. Decide the liability of A in the following:—

A without knowledge of the guardian takes H a girl of 16 years out of the possession of her guardian on the request of the girl. He restores her after one week to her parents. [HJS 1988]

Q 9 x a girl below 18 years of age was in the keeping of her mother. Her father B lived separately. B by deceitful means took A and kept her with him. Is B guilty of kidnapping? [HJS 1996]

Q. 10. M, an unmarried daughter of A, was bom at midday on 20.8.1980. She agrees to go with her paramour B without her parent's consent or knowledge between 20th August and 21st August 1998 at 3 a.m. B has sexual intercourse with her after a fortnight with her consent. What offences, if any, have M and B committed? Discuss. [HJS 1998]

Q. 11. Define and distinguish between kidnapping and abduction [UPJS 1982, HJS 2000]

Q. 12. Discuss points of distinction between 'Kidnapping' and 'Abduction.' [HJS 2006, RJS 1974, 1976, 1980-81, 1986, 2014, DJS 2008, UPJS 1982, 1985, 1997, 1999, 2003, 2012]

Q. 13. A Hindu girl aged 17 years studying in B.A. was living under the care and protection of her parents. She was in intimacy with a shopkeeper named Mahesh running a shop near her house. One day the girl left her house and went to Mahesh and asked him to take her away permanently, who took her away to several places. He handed her over to one of his friend, Mr. Rumal who took her to Kolkata where he was arrested.

Discuss the liability of Rumal and Mahesh. Can they be prosecuted under section 363 of the Indian Penal Code? Give reasons with relevant authorities. [HJS 2011]

Q. 14. What are the ingredients of the offence of kidnapping?

A, a married girl of 15, who used to sell milk was cruelly treated by her mother-in- law. Once she was badly beaten and on that day while pretending, to go on her usual rounds for selling milk she set out from the house but threw away the vessel of milk after emptying it in the drain and boarded a bus for going to her father's house in a village about 100 miles away. Accused A who was a passenger in the bus came to know of her woe and showing his sympathies to her promised a happy life if the girl were to go with him. The girl was tempted to go to the house of the accused in the village which fell on the route. During the night the accused asked the girl to cohabit with him and the girl agreed. The accused then had his way.

Please discuss if the accused was guilty of kidnapping. Has he committed any other offence or offences? [RJS 1969]

Q. 15. Distinguish clearly between—

'Kidnapping' and 'Abduction'.

 Sita was a young girl aged 12. She used to be ill-treated by her step-mother, who did not even send her to school. Roma was friend of Sita's dead mother, and the girl would often visit her and tell her about the ill treatment. Roma was very unhappy to hear these stories and told Sita that if she could leave the house without her father knowing about it, Roma would send her to a good school in Bombay. Sita came one night, when her father and step-mother had gone out, and Roma took her to Bombay and got her admitted to a good Boarding School. She also took a flat in Bombay to be there when the school had holidays. Sita's father finds about his daughter's whereabouts and Roma is arrested on a charge of kidnapping a minor. Decide, giving reasons. [RJS 1969]

16. A a girl below 18 years of age was in the keeping of her mother. Her father B lived separately. B by deceitful means took A and kept her with him. Is B guilty of kidnapping? [RJS 1977, HJS 1996]

Q. 17. A is a minor girl. She is sent to market to make purchases by her mother. B and C take her away so that she may be forced to marry D. What offence has been committed by B and C? [RJS 1994]

Q. 18. A minor Hindu girl below the age of 17 was living under the care and protection of her parents. She was in criminal intimacy with the accused, who was running a shop near the girl's house. The girl left her house of her own accord and went to the shop of the accused and in treated him to take her away. The accused then took her to several places. He was arrested and prosecuted under section 363 IPC. Should he be convicted or acquitted? Give reasons. [DJS 1971]

Q. 19. A child barely 15 hours old was kidnapped by B from the lawful custody of the mother of that child. 15 days thereafter on secret information police raided the room of C. B was found present there in the company of C along with that child. It was found that B had not delivered a child within 15 days of that kidnapping. C was not having any child of her own. What offence if any is committed by C? Give reasons. [DJS 1984]

Q. 20. Sangeeta aged 15 years is sought to be married by her parents against her wishes. She runs away from her house & goes to Akshay, 20 years, whom she loves. Akshay takes her to Bangalore. On reaching Bangalore he is arrested on a complaint of Sangeet's father that she has been kidnapped. Akshay is - charged with kidnapping. Write brief arguments either in favour or against Akshay's conviction on charge of kidnapping. [DJS 2007]

Q 21. Explain in brief:

Kidnapping—Abduction [MPJS 2004]

Q. 22. A, without knowledge of the guardian, takes a girl of 16 years out of the possession of her guardian on the request of the girl. He restores her after one week to her parents. [MPJS 2007]

Q. 23. How does abduction differ from kidnapping. Explain with suitable illustrations. [UPJS 1987]

Q. 24. Answer the following and state with reasons what offence, if any, been committed.

A, without the knowledge of the guardian takes away B, a girl of 16 years old from her house of her request. He restored her after one week. [UPJS 1988]

Q. 25. Explain the essential ingredients of Kidnapping from lawful guardianship [UPJS 1991] Q. 26. A is a minor wife of B. C takes her forcibly and without the consent of B and keeps her in his house for two months. These she develops intimacy with X a neighbour of C and run away with X to Agra where both of them are arrested on the report of B. What difference will it make if A was a major when C took her? [UPJS 1991]

Q. 27. Define 'kidnapping' and 'abduction' and distinguish between them.

Q. 28. A Hindu girl of 17 years old studying in XII standard under the care and protection of her parents was living with them. She was having criminal intimacy with a shopkeeper running a shop near house. One day the girl left her house and went to the shopkeeper and asked him to take her away permanently. The shopkeeper took her away to several places. Later on, he was arrested under section 363 of the Indian Penal Code. State with reasons whether the shopkeeper be convicted. Answer with reasons.

Q. 29. A 13 year old girl went to see a fete with her maternal uncle. Due to heavy crowd in fete, she became separated from her maternal uncle. She could not remember even address of her house. One person enticed her to go to his house and took her away to his house. There at his residence he made preparations for the marriage of this girl with his son. In the mean time this person was arrested by police. Will he be convicted for kidnapping? Answer with reasons. [UPJS 2000]

Q. 30. Abduction is a continuing offence, but kidnapping is not. Distinguish between 'kidnapping' and 'abduction' under the Indian Penal Code. [Punj JS 2019]

Rape & punishment thereof (Ss. 376, 376A to 376E)

Q. 1. What offense is committed by husband if he indulges in sexual intercourse with his own wife, if age of the wife is below 18 years? Explain with relevant provisions and case law. [RJS 2022]

Q. 2. A married girl aged 17 approached the court alleging that her husband had sexual intercourse with her without her consent and hence committed rape. Discuss the present law regarding the issue at hand with the help of leading Supreme Court pronouncement. [HPJS 2019]

Q. 3. Discuss change brought in rape laws under the IPC by the Criminal Law (Amendment) Act, 2013. [HPJS 2018]

Q. 4. The accused habitually visited prostitutes where one day he happened to meet a sixteen years old married girl leading a prostitute's life. The accused brought her to live with him without the knowledge of her husband. Has the accused committed any offence under the IPC? Explain with the help of decided cases. [HPJS 2018]

Q. 5. Radhika, a 12-year-old girl, was subjected to teasing by Ashok, a known bad character of the area. Radhika bore the behaviour of Ashok because of Ashok's notoriety and her abject poverty with no one else than her old parents to support. Her parents were casual labourers working in a nearby building. One day, when her parents were out, Ashok entered the house and attempted a forcible sexual intercourse with her. Ashok threatened her of dire consequences in case she raises the alarm. When both of them were naked and in a compromising position, Radhika's mother entered the house. Radhika narrated the whole story to her mother and both of them next morning lodged an FIR at the Police Station.

They contend that Ashok has raped Radhika, while Ashok argues that Radhika's silence and not injury or any sort of bruises on her body indicate that she had consented to it. Kindly advise Radhika and her mother regarding the offence (charge), if any, can be made against Ashok.

Will it make any difference if the medical report states that Ashok is physically impotent? [Punj JS 2000]

Q. 6. A, aged about 49 years was posted as a Senior Officer in the office of Chief Architect Haryana. B, aged about 21 years was holding a diploma in Architecture. She had met A in his office for a government job. A had promised to do so. Thereafter, on two occasion A had sexual intercourse with B at his residence, which was situated on the first floor of the building.

After that, on 13-1-1997, B had gone to the office of A, in connection with her job. A had told B that her appointment letter was lying at his residence. A had asked B to accompany him to his residence, where A had sexual intercourse with her. Two persons, who were present on the ground floor of the building were attracted when an alarm was raised by B. A was caught hold of by them. B was also rescued by them from there. On a telephonic call given by one of those persons the police had reached within five minutes. The appointment letter of B was taken into possession from the pocket of trousers of A. Whether any offence has been committed by A? [Punj JS 2007]

Q. 7. Briefly delineate the new offence and the aggravated forms of the already existing offence, introduced into the Indian Penal Code by the First and Second Criminal Law (Amendment) Acts, 1983, for protecting women against (i) sexual outrages and misdeed, and (ii) cruelty to extract dowry. [Punj JS 2010]

Q. 8. Discuss the law relating to "Rape" as laid down in the Indian Penal Code. Also point out the deficiency of the Rape laws in India. [Punj JS 2012]

Q. 9. Rita was working as an assistant supervisor in a garment manufacturing factory at Bhubneshwar. One day late evening in the month of December 2006, her supervisor Mr. R.K. Khanna called her in his office and raped her. After a few days, she was again raped by Mr. Khanna. Due to the fear of loosing the job, she did not disclose the incident to anybody in the family. However, about four months, when she learnt that she was pregnant, she disclosed it to her mother who took her to the Police Station. Mr. Khanna was arrested, challaned under Sections 376, and 506 of the Indian Penal Code, 1860.

The Trial Court found the accused guilty and convicted hint The High Court, however, reversed the decision and acquitted him on the ground of delay in lodging the First Information Report. The State is to go in appeal against the aforesaid decision. Please advise. Support your answer with the suitable case law? [HJS 2007]

Q. 10. Read the following fact-situations and answer the questions below after dissecting the element of 'crime', if any:—

(i) Cesare D'souza went to a pub on 2.2.2011 to celebrate his birthday. In course of the celebrations, his friends urged him to have a couple of drinks, which he declined. One of his friends, Remo who was heavily drunk, moved to the edge of the terrace where the party was taking place and told Cesare that if he did not drink, he would jump off the terrace. Cesare immediately took a glass of vodka in his hands and gulped it down. Remo joined the party once again and passed out in ten minutes, but Cesare drank throughout the night. By midnight, he was so drunk that he could barely drive. His friends dropped him at his residence which he shared with his judicially separated wife, Maria. That night, Cesare forced himself on Maria and had intercourse with her. Has Cesare committed any offence?

Answer with sufficient reasons and cite case-law to support your analysis. [HJS 2013]

Q. 11. Sumitra and Sanjay were childhood friends in the native village. Though they belonged to different castes, there developed an understanding between the two that once Sanjay got a job in the city, they would get married. On the basis of this understanding, they cohabited with each other several times. However, when Sanjay moved to Chandigarh and got a good job, he fell in love with one of his female colleagues. Soon thereafter Sanjay started avoiding Sumitra and finally refused to marry her. Shocked by the change in Sanjay's attitude towards her, Sumitra files a criminal complaint alleging that she had been raped by Sanjay a number of times. Sanjay pleads that the sexual relationship was with the consent of Sumitra and, therefore, he has committed no offence. Decide in the light of recent amendment(s) under the relevant provisions of the Indian Penal Code. [HJS 2015]

Q. 12. A is married according to Hindu rites to B who is 14 years of age. A has sexual intercourses with B with her consent. What offence, if any, is committed by A? [RJS 1984]

Q. 13. M, an unmarried daughter of A, was born at mid-day on 13-12-1970. She agrees to go with her paramour B without her parents's consent or knowledge between 13th and 14th December 1986 at 3 A.M. B has sexual intercourse with her after a fortnight with her consent. What offences, if any, M and B committed? [RJS 1989]

Q. 14. The Manager of a Remand Home induces a woman of 25 years of age who is an inmate of the Remand Home to have sexual intercourse with him. What offence, if any, has been committed by the Manager? [RJS 1991]

Q. 15. Rahul, a boy aged 19 years allured Geeta 15 years old on promising of marrying her. She elopes with him. He had sexual intercourse with her consent on 2nd day of elopement. What Offence he has committed.

What would be the offence if he refuses to marry Geeta.

What would be the offence if he had sexual intercourse against her consent.

What would be the offence if Geeta's age is 20 years and she gave consent for sexual intercourse on promise of marrying, but Rahul later refused to marry her. [DJS 2007]

Q. 16. Anil aged 25 years meets Nalini aged 21 years through the matrimonial website Jeevansaathi.com on 01.01.2016. He proposes for marriage through the website and she accepts the proposal. His parents come and finalize the marriage on 15.01.2016 and they perform the roka ceremony. On the same night Amit persuades Nalini to go for a movie with him and on the way back they drop in at his friend's house whose house keys he was carrying in his pocket. In his friend's house Amit persuades Nalini to have sexual intercourse with him saying that there was no harm since they were getting married soon and he had already promised to marry her. The only reason Nalini consent for sexual intercourse is because of Amit's promise to marry her. On 16.01.2016 Amit sends an e-mail to Nalini informing her that he cannot marry her since he was already married to another girl without his parents knowledge. Nalini files her complaint. A case for cheating and rape under Sections 417 and 376 IPC is filed against Amit. The defense raised by Amit is that Nalini is an adult and their physical relation was consensual. Decide. [DJS 2015]

Q. 17. Discuss the law relating of 'Rape' as laid down in the Indian Penal Code. [UPJS 1985]

Q. 18. A Superintendent of Girl's Hostels commits sexual intercourse in the night with an adult inmate of the Hostel. State offence, if any, has been committed by the superintendent of the Hostel? [UPJS 1985]

Q. 19. "Rape is the most contemptuous act against society but penal provisions for this offence are not so stringent as ought to be." Will you like to suggest death penalty for committing rape? If yes, why? Explain. [UPJS 2000]

Q. 20. What are the ingredients of the offence of Rape? Explain with illustrations. [HJS 2000] Q. 21. Critically examine the impact of the offence amended and inserted into the Indian Penal Code, 1860 by the Criminal Law (Amendment) Act, 2013 to protect women against: Rape [JJS 2014]

Q. 22. A has sexual intercourse with his wife aged 13 years. Has he committed any offence? 1 If so, what? [RJS 1994]

Unnatural sexual offences (S. 377)

1. Is homo-sexual relation between two consenting adults is an offence? Discuss. [HJS 2010]

Theft (Ss. 378-382)

Q. 1. Examine the criminal liability that can be attached in the following situations:

A steals B's gold watch from B's safe and on seeing some persons pursuing him throws the gold watch and starts throwing stones on the pursuers to deter them from continuing the pursuit. [HJS 2019]

Q. 2. Someshwar, a domestic servant, was annoyed by the master's dilly-dallying in the payment of salary. To teach a lesson to the master he removed a jewel box from the almirah and placed it in the cowshed in the same house. The jewel box was located after searching for over a month.

Discuss the offence for which Someshwar can be prosecuted? Would your answer be different if Someshwar had removed the jewel box with a view to ultimately stealing the jewels when the loss is forgotten? [Punj JS 2001]

Q. 3. Write short note on Theft. [Punj JS 2003]

Q. 4. A, a villager goes to police station to lodge a report. He finds that the policemen at the police station are sleeping and pay no heed to his grievances. He removes a handcuff. [Punj JS 2013] [HJS 1986, 2000] [HJS 2001]

Q. 5. A, an illiterate boy, servant of 18 years, stole a new Parker pen worth Rs. 105/- from the table of his employer and sold it to B, a student aged 21 years reading in M.A class for Rs. 3/- only. What offence A and B have committed? [RJS 1989]

Q. 6 Distinguish between theft and cheating. [RJS 1991]

Q. 7 A loans his book to B. Later he takes away his book from the house of B in his absence and without his consent. Whether A has committed any offence? If so, what? [RJS 1994] [RJS 1994] [UPJS 1987] [UPJS 1988] [UPJS 1988] [UPJS 1991]

Q. 8. A, a collector of coins, dishonestly took a first full of coins from the pocket of a fellow coin-collector but when he examined them he found that they were his own coins, previously stolen from him. [UPJS 1992]

Q. 9. A cuts down a tree on B's ground with the intention of dishonestly taking the tree out of B's possession without B's consent. [UPJS 1997]

Q. 10. State with reasons what offence, if any, has been committed in the following cases:

A flew away with an aeroplane without permission of the authorities. However, he restored the aeroplane at its place a day after. [UPJS 1999]

Q. 11. Can a man commit theft of his own goods? Answer with illustration. [UPJS 2000] Q. 22. A intended to steal an umbrella from a club of which he was a member. He opened the closet, chose an umbrella and took it away. Later, it turned out that the umbrella was his own which he had lost a week earlier. Discuss whether A has committed any offence. [UPJS 2006]

Q. 12. Solve the following problems by referring to relevant laws:

A, being on friendly terms with Y goes into Y's library in Y's absence and takes away a book without Y's express consent for the purpose merely of reading it and with intention of returning it to his friend. [UPJS 2015]

Q. 13. A is the paramour of Z's wife. She gives a valuable property to A which A knows that it belongs to her husband Z and as such she has no authority from Z to give it to A. Inspite of this A takes the property. Whether A has committed any offence? If yes, what offence? [UPJS 2015]

Q. 14. What are the differences between theft and criminal misappropriation of property? [Guj JS 2017]

Extortion, Robbery and Dacoity (Ss. 383-402)

Q. 1. X while studying in undergraduate class became intimate with Y, while the latter was not much interested in the relationship and always informed X about her position. After they passed out from college, X met with Y who in the mean time had got engaged elsewhere and told her that she should not marry anyone else. This put Y in a very difficult position. She informed the same to her parents. Upon call by the parents of Y, X demanded a sum of Rs. 2 lakh to be out of the scene for the marriage of Y. Even the family of X told him that if the said amount is not paid to their son, he can do anything. Y s father did not accept this and filed FIR with the police. Identify what type of crime is committed by X? Can it be said that the family of X is also guilty? [HJS 2022]

Q. 2. Akash and Bhushan commit robbery. Akash at the time of committing robbery threatened the victim with a pistol which he was carrying but did not fire. Both were convicted under sections 392 and 397, IPC. Explain the legality of the judgment. [RJS 2022]

Q. 3. Examine the criminal liability that can be attached in the following situations:

A removes a pen-drive containing important information from B's pocket and takes it in his possession. B objects to it. A pulls out a knife from his pocket and says I will kill y you if you move a step. [HJS 2019]

4. Examine the criminal liability that can be attached in the following situation with the legal reasoning:

A wrote a letter to a widow asking her to pay balance amount for the work he did during the lifetime of her husband. He wrote that in case she failed to deliver money than her husband would face divine displeasure. Can A be charged with the offence of extortion. [Hjs 2019]

Q. 5. Differentiate between Extortion and Dacoity. [HPJS 2018]

Q. 6. Where a person pawns his goods to another and subsequently removes them without paying the pawn money the removal amounts to extortion. Explain. [Guj JS 2017]

Q. 7. Explain Robbery [CJS 2003, MPJS 2003]

Q.,8. Distinguish between Extortion and Robbery [RJS 1974, UPJS 1988]

Q. 9. Explain the difference between Robbery & Dacoity.

[RJS 1976, 1986, DJS 2008, UPJS 2013]

Q. 10. Distinguish between theft, extortion, robbery and dacoity. [RJS 1977, HJS 1996, UPJS 1999]

11. A, a zamindar, tortures a raiyat in order to compel him to pay his rent. Whether A commits any offence? If so, what? [RJS 1994]

Q. 12. When extortion becomes robbery? [RjS 1999]

Q. 13. X holds Y down, and fraudulently without the consent of Y takes away his precious wrist watch and in order to commit this theft, X also voluntarily causes wrongful restraint to Y. What offence X has committed? [RJC 2015]

Q. 14. A obtains property from X by saying 'your child is in the hands of my gang and will be killed unless you send us five thousand rupees'. [DJS 1971]

Q. 15. Write short note on Extortion. [MPJS 2013]

Q. 16. What is extortion? How it differs from theft? Describe with illustration. [MPJS 2015]

Q. 17. A aims a knife at B and tells C that he will kill B her son, if she does not deliver her gold chain to him C gives away the chain to A. What offence, if any, has A committed? Give reasons for your answer. [UPJS 1987]

Q. 18. State with reasons what offence, if any, has been committed in the following case:

The Chief Minister of a State asked an industrialist to donate rupees ten lac to his party fund, otherwise his licence shall be cancelled Industrialist quietly gave the desired amount of his political party. [UPJS 1999]

Q. 19. It is said that in every robbery or dacoity either there is theft or extortion. Explain with the help of cases and illustrations. [UPJS 1999]

Q. 20. What are the essential elements of robbery? When does it amount to dacoity? What offence is committed when the offender while committing the above offence causes the death of any person? [UPJS 2006]

Q. 21. Describe the essential elements of theft and point out distinction between theft and '' extortion. [UPJS 2013]

Q. 22. A along with the child was crossing a river-bridge. B appears suddenly on the bridge, picks up the child and threatens to throw it down into the river unless A gives him his golden ring and the money bag. When A refuses to part with the above object, B put back the child on the bridge and runs away from the sight. What offence, if any, was committed by B? [HJS 1986]

Q. 23. Decide if any offence is made out in the following with reasons—

A meets A on the high way, shows a pistol, and demands Z's purse, Z in consequence surrenders his purse. [UPJS 1982]

Q. 24. "In all robbery, there is either theft or extortion". Explain. [HJS 2010]

Q. 25. A and B go to the house of C with the common intention of committing theft. After committing theft, while they are running away, C catches B who, with a view to escape, strangulates C. C dies. A sees this quietly from a distance but does nothing. What offence, if any, is committed by Al [RJS 1984]

Q. 26. When does theft become robbery? Make important distinction between robbery and dacoity. [UPJS 2000]

Q. 27. Some armed persons entered into a shop with the express common intention of committing robbery there. The shopkeeper shouted for help and some villagers came to his rescue. The armed persons fled from there without committing robbery. They were chased by some villagers. One of the fleeing armed persons fired at the chasing villagers causing death of a villager. On being prosecuted for murder, the accused persons, other than the one who had fired the shot pleaded that their common intention was to commit robbery and not murder, as such they could not be held guilty, of murder. Decide. [JJS 2001]

Q. 28. A, armed with a pistol breaks into a house at midnight, to commit robbery. B stands guard at the door to facilitate the robbery. The house inmates are awakened by the commotion and resist the robbery and in the process A kills one of the house inmates A was held liable for murder. Decide the liability of B. You are required to supplement the decision with relevant provisions of law applicable to the case and also cite relevant case law. [HPJS 2019]

Criminal Misappropriation of Property (Ss. 403-404)

Q. 1. Explain the ingredients of the offence of "Dishonest Misappropriation of Property"? Distinguish it from "Criminal Breach of Trust". [MPCJ 2022]

Q. 2. Write short note: Difference between cheating and misappropriation. [Punj JS 1995(H)] Q. 3. Rakesh saw that Ali a pillion rider on Umesh's motor bicycle dropped his purse while Umesh negotiated with a speed breaker. Rakesh took the purse with the intention of restoring it to Ali. However, on reaching home Rakesh was told by his wife that it was their wedding anniversary on that day and he should buy for her a new saree and a mangal sutra. Rakesh spent the whole money contained in the purse of Ali for purchasing saree and mangal sutra for his wife, telling her that on receipt of his salary on the first of the following month he will restore Ali's purse and money to him. Rakesh did so.

Can Rakesh be held guilty for criminal misappropriation of Ali's money? [Punj JS 1999]

Q. 4. Discuss criminal misappropriation. [HJS 1984]

Q. 5. A finds a ring on the highway not in the possession of any person. A picks it up. [UPJS 1997]

Q. 6. State with reasons, what offence, if any, has been committed by A in the following case: A, finds a valuable ring on the road. He picks it up and sells it immediately. [UPJS 1999]

Q. 7. While A a student of law, was on way to attend library found a purse with money in it on the stair case. A did not know to whom that purse belong. A afterward discovered that it belonged to B, another student of law. A appropriated the money to his own use. Has A committed any offence? [UPJS 1999]

Q. 8. A takes a golden ring from a goldsmith for showing it to his wife but does not return it to the goldsmith. A retains it against the debt due to him from the goldsmith. Has A committed any offence? Answer by giving reasons. [UPJS 2016]

Q. 9. A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. What offence is committed? [RJS 1986]

Q. 10. A finds a ring lying on the highway. A retains the same with him. What offence, if any, has been committed by A? [UPJS 1985]

Q. 11. From the body of a dead man found floating in a river A, the policeman on duty recovered an identity card of the deceased, a costly wrist watch and a gold ring. He did ^not record in the recovery memo the last two items and pocketed them. What offence if any were committed by A? Answer with reasons. [HJS 2000]

Q. 12. Explain criminal misappropriation. Is a dishonest misappropriation for a time only a misappropriation? [HJS 2001]

Q. 13. A finds a’valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. Whether A has committed any offence? If yes, what offence? [UPJS 2015]

Q. 14. A finds valuable ring on the road. He picks it up and sell immediately? State with reasons, what offence, if any, has been committed by A. [MPJS 2018]

Q. 15. While A a student of law, was on way to attend library found a purse with money in it on the stair case. A did not know to whom that purse belong. A afterward discovered

that it belonged to B, another student of law. A appropriated the money to his own use. Has A committed any offence? UPJS 2013

Criminal Breach of Trust (Ss. 405-409)

Q. 1. Write short note on Criminal breach of trust. [UPJS 1986, Punj JS 2003]

Q. 2. Decide which offence, if any, is made out in the following cases and against whom with reasons. Specify the provisions of statute.

3. Narendra, servant of Bhaskar, a liquor contractor was entrusted with liquor to sell. For selling he was to receive some amount and some quantity of liquor and he was to account for the remainder to Bhaskar, with whom he had a legal contract which also recited that he would not adulterate it with water before selling it. In violation of the contract, Narendra mixed water with liquor and sold the increased quantity and appropriated the profits thus made to his own use. What offence has Narendra committed? [Punj JS 2012]

A contracted to construct a house for B for Rs. 75,000 which covered cost of building materials and of labour. According to the contract, Rs. 15,000 were to be paid to A as advance and the balance was to be paid in four equal installments at the completion of certain stages of construction. Accordingly the advance was paid to A but he did not construct the house nor did he pay back to B the amount of advance. Can A be held guilty of criminal breach of trust? Decide [HJS 1988]

Q. 4. In A's marriage with B, dowry articles worth of Rs. 50,000/- including gold ornaments were given to B, her husband. After some time B turned out A along with children. On demand, B refused to give ornaments and dowry articles to A. Under which section of I.P.C. B can be convicted? [RJS 1986]

Q. 5. Giving illustrations state the ingredients Criminal Breach of Trust. [UPJS 1988]

Q. 6. A being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will and appropriates them to his own use. What offence does A commit? [RJS 1986]

Q. 7. A lady intending to buy a ticket, finding a crowd at the ticket window, asked A, who was near the window, to purchase a ticket for her and handed a ten-rupee note. A took the note, intending to steal it, and instead of buying a ticket with money, ran away with it. What offence, if any, has A committed? [DJS 1971]

Q. 8. A cashier who is authorised to encash cheques from the Bank, receives Rs. 3,000/- from the Bank on encashment of a cheque. He utilises that amount for his own personal use intending to make up that amount later. What offence is committed by the cashier? Give your reasons briefly. [RJS 1984]

Q. 9. A being ill and in expectation of death, delivered the key of his box containing his valuable articles to B who was looking after him. A died. Subsequently, B opened the box and took away the valuable articles in the night without the consent of the heirs and successors of the deceased A. What offence has been committed by B? [RJS 1986] Q. 10. A, a Rajasthan State Roadways conductor does not issue ticket to B, a passenger travelling in the bus, though B has paid the fare. What offence A has committed? [RJS 1989] Q. 11. A flew away with an aeroplane without permission of authorities however he restored the aeroplane at its place a day after. State with reasons, what offence, if any, has been committed by A. [MPJS 2018]

10. Difference between Criminal Misappropriation of Property,

Criminal Breach of Trust and Cheating

Q. 1. Discuss fully the essential elements of criminal misappropriation of property and distinguish between criminal misappropriation of property and criminal breach of trust. [HJS 2000]

Q. 2. Differentiate between the offences of criminal misappropriation, criminal breach of trust, and cheating. [HJS 2015]

Q. 3. Distinguish between the following giving illustrations—

Criminal misappropriation and criminal breach of trust. [RJS 1971, UPJS 1982, 1984]

4. Explain the ingredients of the offence of "Criminal Misappropriation of Property" and distinguish it from "Criminal Breach of Trust". [RJS 2014]

Q. 5. Discuss the difference between breach of trust and criminal mis-appropriation. [DJS 2008]

Q. 6. What is criminal misappropriation? How it differs from criminal breach of trust and cheating? [MPJS 2012]

Q. 7. Distinguish with illustrations between the following:

‘ Dishonest misappropriation of-property and criminal breach of trust. [UPJS 1985]

Q. 8. Giving illustrations state the ingredients Criminal misappropriation [UPJS 1988]

Q. 9. Explain criminal misappropriation and distinguish it from criminal breach of trust. [UPJS 2012]

Q. 10. What is criminal breach of trust? What are its essentials? How it differs from criminal misappropriation? [UPJS 2012]

Q. 11. What is Criminal Breach of Trust? What facts are to be proved for such offence? Point out the difference between 'Criminal Breach of Trust' and 'Criminal Misappropriation'. Support your answer with examples. [UPJS 2016]

Q. 12. Describe and distinguish between Cheating & Criminal breach of trust. [MPJS 2019]

Q.13. Define the terms: 'criminal breach of trust' and 'cheating' under the Indian Penal Code. [HPJS 2019]

Q. 14. Distinguish between "Dishonest misappropriation of property" and "criminal breach of trust". [HPJS 2016]

Q. 15. Distinguish between: Cheating and misappropriation. [Punj JS 2010]

Q.16. Distinguish between Cheating and Criminal breach of trust. [HJS 1986]

Receiving of Stolen Property (Ss. 410-414)

Q. 1. A theft has taken place in a shop during the night. The stolen property, a rare statue of 1600 AD, is recovered from the possession of B, after one year of theft. What offence B has committed? [RJS 1986]

Q. 2. Dacoity took place at the house of Pensay in village Pitampura during the night between 6th and 7th February, 1975. Report was lodged in the morning of 7th February. Double- barreled gun bearing No. 4780 was one of the articles stolen. On 16th August 1975, B, resident of neighbouring village Sahipur was challenged by patrolling party at a distance of half a mile from village and barrel bearing No. 4780 was recovered from his

possession. At the time of trial prosecution produced evidence regarding commission of dacoity and recovery of barrel. B denied recovery and produced no evidence in defence. Would you hold B guilty of any offence? [DJS 1976]

Q. 3. A produces ornaments worn by a murdered woman five days after the murder and gives no explanation as to how he came into possession of the same. State giving reasons, what offence, if any, is committed by A. (HJS 2003]

Cheating (Ss. 415-420)

Q. 1. Rahrr st knew about Gopalji's resolve not to sell his bullocks and cows to a butcher. Life Traders, a modem meat export unit had offered to pay higher price and commission to anyone who could arrange supply for their slaughter unit. Rahmat who had procure animals for Life Traders earlier, took special pains in convincing Gopalji to sell his animals to the firm that earned valuable foreign exchange for the country. Gopalji sold his two bullocks and five cows to Life Traders for a good price. However, till after the sale Gopalji never knew that animals were actually meant for slaughter.

Can Rahmat be prosecuted for the offence of cheating? Would your answer be different if Rahmat had conveyed to Gopalji that Life Traders is a firm that undertakes breeding of quality animals? [Punj JS 2001]

Q. 2. Write short note on Cheating. [UPJS 1982, HJS 1984, Punj JS 2003]

Q. 3. B, a young man who claimed to possess occult powers, represented to C that he would heal C's daughter, a 15 years old girl who was congenitally deaf and dumb, by his divine healing powers of touch. B demanded Rs. 1,00,000 as consideration to be paid in ten equal installments. The amount was paid in 10 installments, as demanded. Even after the promised time limit, there was no change in the condition of C's daughter.

(i) Is B guilty of any offence under the Indian Penal Code?

(ii) If B claimed that he was only a middleman and by propitiating God by offering various poojas he could heal people B makes this claim in the earnest belief that the poojas would produce the desire result. He obtained money from C for conducting poojas. If C's daughter is not healed even after his poojas, is B guilty of any offence?

(iii) If B does not offers poojas as promised, is he guilty of an offence?

(iv) B organizes noisy bhajans and C's daughter, in a hysterical stage, utters the name of

a deity once and never speaks a word thereafter. In such a situation can B be held guilty of any offence? [Punj JS 2006]

Q. 4. t Distinguish between: Cheating and extortion. [Punj JS 2010]

Q. 5. Distinguish between: Cheating and theft. [Punj JS 2010]

Q. 6. Ranga Gopal dishonestly induced Madhuri to go through marriage ceremony with him, professing himself to be a bachelor while in fact he had a wife living. [Punj JS 2012]

Q. 7. Define the offence of "Cheating". [RJS 2011]

Q. 8. A rich French Baroness comes to India to attend a marriage. Leading jewellers of Delhi, having come to know that she is a keen purchaser of rare diamonds and pearls, visit her in her suite at the five star hotel. Initially she declines to make any purchase. Being pressed, she selects some diamonds worth lakhs of rupees. She has no ready cash. She tells the jewellers that her host is out of country and for payment they may either wait till his return to India or she may issue post-dated cheques. No body suspects the soundness of the baroness, and sellers gladly accept the post-dated cheques. The cheques are later dishonoured.

What offences, if any has been committed, give briefly the ingredients which go to make that offence. [DJS 1984]

Q. 9. Suraj carries on business of providing solutions to the problems of various sections of the society. This he advertises in a number of national dailies and promises to dispatch solutions by VPP to the persons answering the advertisement for which he charged a good sum of money. In one of the advertisement he assures sure success to the law students who could not prepare for their examination throughout the year.

Many law students responded to this advertisement. They received sealed envelopes containing few typed pages in which there were general advices as to how important it is to work hard during examination days and that they must read the case material thoroughly and discuss amongst themselves and if they do so, they are bound to succeed in the examination. In the end it contained a slogan that there is 'no substitute to hard work'.

The students who had sent the remittances in response to the advertisement want to bring a criminal action against Suraj alleging that they wouldn't have parted with the money had they known that the solutions offered by him were the advices that they were aware of. They alleged that the advertisement was intended to deceive them and had they not been so deceived, they would not have parted with their money.

The argument of Suraj is that he had done nothing to warrant criminal action and at best they could have cause of action under civil law for damages.

Decide as a judge the criminal liability, if any, of Suraj keeping in view the rival contentions of the parties. [DJS 2014]

Q. 10. A personated as B at the examination passed the examination and obtained the certificate in B thereupon applied to have his own name entered in the list of candidates for Government service. [UPJS 1991]

Q. 11. A has a son S. K is a senior advocate. S is his junior. A files a suit against B, K and S are his lawyers. Suit is dismissed. B is awarded costs. K falsely tells S that he has deposited the costs in the Court. S gives him money. A files an appeal which is compromised. B gives up costs. K returns the money to A. But S files a complaint against K after three years. Is K guilty of cheating? [RJS 1977]

Q. 12. A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. What offence does A commit? [RJS 1986]

Q. 13. A falsely representing himself to be a C.I.D. police officer promises B to appoint him as constable and gives B an unintelligible order. What offence has A committed? [RJS 1986]

Q. 14. A, a prostitute communicated venereal disease to a man who had sexual intercourse with her on the strength of the representation that she was free from any disease. [UPJS 1992]

Q. 15. A, a Patwari in his capacity as such represented to an agriculturist that Rs. 500/- were due as land revenue while only Rs. 400/- was due. A realised Rs. 500/- but deposited only Rs. 400/- in the Government treasury and used the excess sum of Rs. 100/- for his purposes. What offence A has committed? [RJS 1989] 

Q. 16. A goes to a three-star (***) hotel and there consumes foods and drinks to the sum of Rs. 600 knowing that his pockets are empty. He could not pay the amount. What offence has been committed by A? Answer with reasons. [UPJS 2016]

Mischief (Ss. 425-440)

Q. 1. What are the ingredients of 'mischief'? [RJS 1975]

Q. 2. A purchaser of a mortgaged property removed the material and thereby diminished the security of the mortgage. Can the purchaser be punished for mischief? [RJS 1975]

Q. 3. The owner of the flock of sheep neglected to take reasonable precaution and allowed the herd to graze in the Government wasteland where grazing was prohibited. Can the owner be prosecuted for mischief? [RJS 1975]

Q. 4. A, a wealthy man, claiming a right of way through the orchards of B who had put a shabby and a cheap gate at the entrance of the orchards, smashed the gate created by B and carried the material in his truck. Can A be held guilty for mischief? [RJS 1975]

5. A, a Mohammedan kills a cow in open place in presence of 4-5 Hindus. One B, out of them starts for lodging a report to police, but instead goes to his house. What offence A and B have committed? [RJS 1988]

Q. 6. A turned his cattle for grazing into the prohibited area of the forest department. Under which section of I.P.C. A can be convicted? [RJS 1988]

Q. 7. A, while driving a car killed a camel belonging to B and thereby caused loss to him. What offence A has committed? [RJS 1988]

Q. 8. Write short note on mischief. [UPJS 1982, 1986, 1988]

Q. 9. P causes cattle to enter upon a field belonging to Q intending to cause and knowing that he is likely to cause damage to the crop of Q. What offence has been committed by P? [UPJS 1983]

Q. 10. Write short note on Arson. [UPJS 1986]

Q. 11. A causes cattle to enter upon field belonging to B intending to cause and knowing that he is likely to cause damage to the crop of B. What offence has been committed by A? [HJS 1996]

Q. 12. A cause cattle to enter upon a field belonging to B intending to cause and knowing that he is likely to cause damage to the crop of B. State with reasons, what offence, if any, has been committed by A. [MPJS 2018]

Criminal Trespass and House Breaking (Ss. 441-462)

1. The accused was the Branch Manager of the complainant company who was occupying the flat allotted to him by the company. On his transfer elsewhere, he was asked to vacate the flat which he did not despite several notices by the company. The company, therefore, instituted criminal proceedings against him. Is he liable for any offence under the IPC? [HPJS 2018]

Q. 2. Distinguish between criminal trespass and mischief. [HJS 1986]

Q. 3. A makes a hole through the wall of Z's house and puts his hand through the aperture.

What offence, if any, is committed by A? [HJS 2001]

Q. 4. A having shot at a rabbit near P’s land, followed it to P's land, with the intention of taking away the killed rabbit. A was asked not to enter P's premises. A entered P's premises to take the rabbit and did take it away. He did nothing else on P's land. P then charged A with criminal trespass. Has A committed the offence of 'Criminal trespass by entering P's premises? [HJS 2003]

Q. 5. X having illicit intimacy with Y, a widow residing in A's house enters into the latter's house after taking precaution to conceal his presence from A. A's servant informs him . of the presence of X in Y's room. Can X be convicted of any offence? If so what? Give reasons. ... [RJS 1971]

Q. 6. . Explain the difference between house breaking & Lurking house trespass. [RJS 1976]

Q. 7. , Define and distinguish criminal trespass and house trespass. [RJS 1980-81, 1986]

Q. 8. A commits house-trespass by making a hole through the wall of Z's house and putting his hand through the aperture. What offence does A commit? [RJS 1986]

Q. 9. A went to the house of B in the night on the invitation of B's wife with whom he , had illicit relations. B had gone to attend a Kirtan. What offence A has committed? [RJS 1989]

Q. 10. The accused entered at night into a house to carry on an intrigue with an unmarried girl on her information that her father was absent. However he was caught by her uncle before he could get away. Of what offence, if any, the accused is guilty? [DJS 1991]

Q. 11. Explain in brief: v

(a) House-breaking

(b) Criminal trespass [MPJS 1998]

Q. 12. Distinguish between:

Lurking house trespass by night and house breaking [MPJS 2010J

Q. 13. What is criminal trespass? Whether the offence of criminal trespass can be committed with respect to a movable property? Explain with example. [MPJS 2014]

Q. 14. Answer the following and state with reasons what offence, if any, been committed.

A enters a house with intention of committing theft But moved by the property of the house-holder he drops a hundred-rupee note and leaves. [UPJS 1988]

Q. 15, What is "house-breaking"? Explain and Illustrate it. [UPJS 1991]

Q. 16. Discuss the essential ingredients of Lurking house trespass. [UPJS 1992]

Q. 17. State with reasons what offence, if any, has been committed in the following cases:

Six armed persons entered the house of A but on an alarm being raised, they took to their heels without take anything. [UPJS 1999]

Q. 18. Distinguish with illustration between House-Trespass and House Breaking. [UPJS 2003]

Q. 19. Define the offence of criminal trespass. [RJS 2011]

Q. 20. A enters in B's house at midnight 'with intention of committing theft'. But moved away by poverty of B, he kept Rs. 50/- in house and left away. State with reasons, what offence, if any, has been committed by A. [MPJS 2018]

Forgery (Ss. 463-477A)

Q. 1. What is "Forgery". When is a person said to have made a false document? [MPCJ 2021]

Q. 2. On what grounds a person is said to make a false document? What offence does he commit thereby? When does men's signature of his own name amount to forgery? [JJS 2017]

Q. 3. Define and distinguish between forgery and cheating.

A, picks up a bearer cheque signed by B from a bank counter. No amount is shown in the cheque. A inserts ten thousand rupees in the cheque. Has A committed any offence? Answer with reasons. [UPJS 2016]

Q. 4. Rajeev had three sons-Vishwamitra, Kiran and Pradeep. His Will stated that - "I direct that all my remaining property be equally divided between my three sons". Rajeev gave the Will to Vishwamitra and asked him to hand it over to the family's lawyer. Before giving the same to the lawyer. Vishwamitra obliterated Pradeep's name, intending that it may be believed that the property was left to himself and Kiran only. [Punj JS 2012]

Q. 5. Explain the following:—

Forgery. [RJS 1977,1979, HJS 1984, UPJS 1982,1983,1991,2012, MPJS 2003, CJS 2003]

Q. 6. A without B's authority writes a letter and signs it in B's name certifying to A's character, intending thereby to obtain employment under Z. Is A guilty of forgery? If so, give reasons. [RJS 1977]

7. A signs his own name to a bill of exchange intending that it may be believed that the bill was drawn by another person of the same name. Discuss whether it is forgery or not? [RJS 1977]

Q. 8. To support a suit under Order 37 of the Code of Civil Procedure, B makes a false entry in

his books of account. What offence under Indian Penal Code, 1860 he has committed?

[RJS 2015]

Q. 9. Answer the following and state with reasons what offence, if any, has been committed. A having lost the receipt for debt which he has paid to B makes out another receipt imcle and when B sues him he puts up the made-up receipt in evidence. [UPJS 1988] Q. 10. Can one's signature of his own name amount to forgery? Answer giving reasons and illustrations. [UPJS 1999]

Offences related to currency and bank notes (Ss. 478-489)

Q. 1. Distinguish between Section 489A and Section 489D. [MPJS 2010]

Offences relating to marriage-bigamy and adultery etc. (Ss. 493-498)

Q. 2. Discuss the recent judicial trend with regard to adultery laws in India. [HPJS 2018] Q. 2. A, an Indian (Hindu male) citizen, who has a wife and three children living in India, goes to the United States for higher studies. After acquiring the citizenship of the United States, he gets married to an American girl. On return to India, can he be prosecuted for bigamy in the Indian Court as bigamy is an offence under IPC? Give reasons, case laws and legal provisions in support of your answer. [HPJS 2016]

Q. 3. Discuss the Constitutional validity of section 497 of IPC in the light of case law.

[HJS 2011]

Q. 4. A entices B, the wife of C, away from C with intent to commit adultery with B and then commits adultery with her. Will A be charged for an offence under section 498 or 497 I.P.C. or for both? [RJS 1975]

Q. 5. A is the wife of B. B is absent and unheard of in seven years. A informs C of B's absence and marries C. Has A committed the offence of bigamy? [RJS 1977]

Q. 6. Define the criminal offence of adultery bringing out all its ingredients. [RJS 1979]

Q. 7. Chanchaldas married Seeta with Hindu rites and ceremonies in 1970. Failing to beget

any child from Seeta, he married Radha in 1978. Seeta prosecuted him for adultery. Argue the case for Seeta. [RJS 1979]

Q. 8. Mathuradas married Sudha by Hindu rites and ceremonies in 1970. In 1979 he converted to Islam and married Rehana a Muslim girl, with Muslim rites. Sudha prosecuted him for adultery. Argue the case for prosecution. [RJS 1979]

Q. 9. What are the offences relating to marriages? [RJS 1986, MPJS 202]

Q. 10. What rights have been conferred on a wife of adulterer in I.P.C.? [RJS 1988]

Q. 11. What is the offence of bigamy? When does the Court take cognizance of this offence?[RJS 2011]

Q. 12. X was married to A in 1970 but was deserted in 1971. She left Delhi for her home-town thereafter. Despite all efforts A could not know her whereabouts. He believed her dead. He married Y after disclosing all facts about X to her in 1975. In 1978 X appeared in Delhi and charged A with offence of bigamy punishable under section 494 I.P.C. Discuss the criminal liability of A for the offence charged against him. [DJS 1979]

Q. 13. W the wife, being dissatisfied with her husband H his house and protection voluntarily and of her free will. She went to P who allowed her to stay in his house as 'mistress'. What offence if any committed by P and W. [DJS 1991]

Q. 14. A married young woman, who was discarded by her husband, lived with her father and brother in Madras. She became intimate with the accused who was her next door neighbour. The two ran away from Madras and eventually settled in Bombay. The woman's brother filed a complained against accused for offences under section 497/498 of Indian Penal Code. Decide. [DJS 1991]

Q. 15. The proof of word 'marries' in the offence of bigamy is extra-ordinarily difficult. Elucidate the statement and refer to decided cases. [UPJS 2013]

Q. 16. A is married to a female B. B does not remain satisfied by her husband A. One day leaving her husband A's house she goes to the house of her paramour C and there she remains with C as husband and wife. Discuss here C's offence. [UPJS 2016]

Cruelty by Husband or Relatives of Husband (S. 498A)

Q. 1. Discuss Section 498A, IPC and Judicial trend to prevent its misuse in the country. [HPJS 2018]

Q. 2. D, wife of A, was maltreated and beaten by B, who happened to be real brother of A. This maltreatment of D by B was not for or in connection with any demand of dowry. A had failed to protect his wife from B. Out of frustration suicide was committed by D. Whether A had committed any offence? [Punj JS 2007]

Q. 3. A complaint was filed by the complainant against the accused under section 498A/406 and 506 IPC. After recording pre-charge evidence, charge was framed against the accused under the above said sections. The case was thereafter fixed for cross-examination of the witnesses for 9-4-1994, 6-5-1994, 18-5-1994 and 1-6-1994. After the framing of charge summons were not issued by the Court for the cross-examination of the prosecution witnesses for any date. Prosecution witnesses had not appeared in the Court after the framing of the charge. Evidence of the prosecution was closed by the Court on 1-6-1994 and on the same day the accused were acquitted.

Discuss the legality of the above said order passed by the Court on 1-6-1994.

[Punj JS 2007] 

Q. 4. During the subsistence of his first marriage with B, A has contracted second marriage with C. During his trial under section 498A/304B of IPC, regarding unnatural death of C, A has taken the plea that he could not be tried under section 498A/304B of IPC as there was no valid marriage between him and C. Whether A could legally taken this plea? [Punj JS 2007]

Q. 5. Garima Rathore was married to Randhir Rathore for five years. At the time of marriage both the families were aware that Garima had a borderline personality disorder, which was not insanity of any degree, but rendered her personality extremely sensitive. She was . being treated for the same although except her ultra-sensitive nature, she was perfectly normal. One evening Garima was chatting with her friends over the phone when her mother-in-law shouted very loudly in a harsh voice and ordered her to report at the kitchen immediately. That night, her mother-in-law also told Garima that she was no match to her son, Randhir. Garima was very upset and when she told the same to Randhir, he told her that she should not spend a lot of time chatting over the phone. The next day, Randhir's mother told Garima to go back to her house as she found her unbearable. She spoke ill of her parents and even told Garima that her parents should have gifted their ancestral home in Jaipur to Randhir. Unable to tolerate this, Garima went to her room and consumed some poison. Currently, she is battling for her life in the ICU of a reputed hospital.

Are Randhir and his mother guilty of any offence under the IPC? Substantiate your answer with adequate reason(s). [HJS 2013]

Q. 6. For the purpose of Section 498A of the Indian Penal Code, what does "cruelty" mean? [RJS 2014]

Q. 7. Reena was not happy with her husband Vivek. She left his house voluntarily and of her free Will. She went to Dalip who allowed her to stay in his house as his mistress. What offence, if any, has been committed by Dalip and Reena? [Punj JS 2003]

8- Marriage of A aged about 25 years took place with accused B on 17.01.2018. She committed suicide by jumping into a nearby well of the village within 4 months of her marriage. The reason for her extreme step was her harassment due to demand of dowry and also cruelty meted out to her as B had illicit relations with a woman, 'there used to be frequent quarrels between them on this issue. B did not mend his ways and continued his relation.

The allegations are duly proved. What offence(s), if any, have been committed by B? [DJS 2019]

Defamation (Ss. 499-502)

Q. 1. What is defamation? What are the essential ingredients to constitute the offence of defamation? Explain it's Exceptions. [MPCJ 2022]

Q. 2. A shopkeeper says to B, who manages his business - "Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty." Is A liable for making such statement against Z? Explain with the help of case law. [HPJS 2018]

Q. 3. A complaint was filed by B against C on 3-2-1988 under section 499/500, IPC, wherein C was summoned under section 500, IPC for 11-7-1988 C appeared before the Judicial Magistrate on 11-7-1988 and furnished his bail bonds. On that day, neither the complainant nor his Counsel was present, therefore, the complaint was dismissed on the same day, for want of prosecution. Whether the Judicial Magistrate could review the above said Order dated 11-7-1988 on an application filed by the complainant, mentioning that on date which was fixed prior to 11-7-1988, his Counsel had noted the next date as 25-7-1988 instead of 11-7-1988?

Whether the Judicial Magistrate could again pass an Order for the summoning of the accused in the second complaint verbatim the first one, which was filed by B, seven days after the dismissal of the first complaint, and wherein the above said reason regarding the absence of the complainant and his Counsel on 11-7-1988 was also mentioned?

[Punj JS 2007]

Q. 4. A complaint under section 500, IPC was filed by B against C. Process was issued by the Court against C, thereafter, B had expired. Whether the Court on its own could substitute anyone to prosecute the complaint? Whether any person could proceed with the complaint, if so who and what steps were required to be taken by him in this regard? [Punj JS 2007]

Q. 5. What is the starting point of limitation for filing a suit for defamation with respect to an impugned publication in a newspaper? Which court has the jurisdiction to entertain such a suit? [JJS 2001]

Q. 6. A says of a book published by Z—Z's book is foolish. Z must be a weak man. Z's book is indecent. Z must be a man of impure mind". What offence is committed by A, if any? [HJS 2001]

Q. 7. A was a minister and while he was sitting on the treasury benches, B a member of the Assembly called him a 'thief and accused him of taking bribe in a case. B further repeated his allegations outside the Assembly Chamber. A lodged a complaint for defamation against B for both the incidents. Point out what defences, if any, are open to B.

[HJS 2003]

Q8. Discuss the Fifth Exception to Section 499 IPC and the law relating to Contempt of Court in the light of case law. [HJS 2011]

Q. 9. During an election campaign the accused had published a pamphlet in which it was said that the candidate who was a Minister had taken huge bribes for allotment of lands in a colony. The voters were exhorted for not electing the candidate. Please discuss as to who can launch the prosecution against the accused for defamation and what are the possible defences open to the accused in the event of his prosecution. [RJS 1969]

Q. 10. Distinguish between the following giving illustrations—

Defamation and intentional insult. [RJS 1971]

Q. 11. Define defamation and discuss the exceptions which take the act of the purview of the offence of defamation. [RJS 1974]

Q. 12. A sarcastically says, "Z is an honest man, he never stole B's watch." By these words A intended to cause it to be believed that it was Z who stole the watch of B. What offence if any, committed by A? [RJS 1974]

Q. 13. A knowing B to be illiterate addresses a letter to him containing defamatory matter regarding B. Has A committed offence of defaming B? Explain. [RJS 1976]

Q. 14. A says of a book published by B, "I am not surprised that B's book is foolish and indecent for B is a man of impure mind and bad character." Do these remarks amount to defamation and why? [RJS 1977]

Q. 15. Write short note on Defamation. .[RJS 1979, UPJS 1983, 1988]

Q. 16. Enumerate the exceptions when defamation is not punishable as a crime. [RJS 1980-81]

Q. 17. Write a short note on defamation. Whether a witness can be prosecuted for defamation in respect of a statement made by him while giving in a judicial proceeding?

[RJS 1988]

Q. 18. A Mohammedan husband makes allegations of unchastity against his wife when pronouncing talak. The wife prosecutes him under Section 5001.P.C. The husband claims protection of Exception 9 of Section 499 I.P.C. Would you convict him? Give reasons. [RJS 1989]

19. Whether the following statements are defamatory and whether they are covered by an exception?

(a) A says, "I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest."

(b) A say, "I do not believe what Z stated at the trial because I know him to be a man without veracity."

(c) A, a shopkeeper, says to B who manages his business, "Sell nothing to Z unless he

pays you ready money for I have no opinion of his honesty." [RJS 1991]

Q. 20. What defences are available to a person charged with the offence of defamation? [RJS 1999]

Q. 21. Explain the offence of defamation described under Chapter XXI of the Indian Penal Code, 1860. [RJS 2016]

Q. 22. S cultivator of village M was found dead near Railway Station on 15th January 1976.

B, editor and publisher of daily newspaper, acting on telephone call received from a person whom he believed to be a resident of the locality published the news on the following day with the headline "Murder of cultivator through Thakur of M". In the matter given below it was mentioned that similar attempts had been made in the past as well. On the following day editorial appeared expressing concern and saying that general opinion that prevailed was that Thakur had hand in the murder. Two days thereafter, contradiction appeared stating that Thakur was in no way concerned and death was due to heart failure.

Thakur brought complain under section 500 I.P.C. B sought shelter under Ninth Exception to section 499 which says "It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good." How would you decide? [DJS 1976]

Q. 23. K sent a notice to B demanding payment of price of certain ornaments said to have been purchased from him by B on the occasion of his brother's marriage. In his reply sent by registered post, B denied any such purchase and characterized the demand as 'false'. He further alleged that the false claim has been made because K had attempted to outrage the modesty of a woman whose husband had, at the instance of B, lodged a complaint against K. The reply was received by K and he filed a complaint for an offence under section 500, I.P.C. against B.

It was proved that the imputation made against K was false and actuated by ill-will and previous enmity. Decide. [DJS 1991]

Q. 24. What is Defamation? What are the essential ingredients to constitute an offence of defamation? Explain its exceptions. [MPJS 2001, 2009, 2013, UPJS 2003, 2015]

Q. 25. "The law of defamation under Indian Penal Code has been retained because criminal law alone can effective deal with such law breakers. As regards to the freedom of speech and expression, it is sufficiently safeguarded by the several explanations and exceptions added to the definition of defamation in our Code." Explain.

Q. 26. The accused published in his newspaper an account of an outrage of a women alleged to have perpetrated by two constables within the jurisdiction of certain Thana in which four constables were stationed. The charge was not made against any particular and identifiable constables. Was the accused guilty of defamation?

Q. 27. A, a shopkeeper says to B who is his manager, "Sell nothing to Z unless he pays you ready money for I have no opinion of his honesty." Z prosecutes A for defamation. Decide the case. [UPJS 2000]

Q. 28. When is a person said to defame another under the Indian Penal Code?

What defence are available to a person charged with the offence of Defamation?

[UPJS 1997]

Criminal Intimidation, Insult and Annoyance (Ss. 503-510)

Q. 1. Write short note on Criminal intimidation. [RJS 1979, HJS 1986,

UPJS 1997, MPJS 2004] Distinguish between—

Assault and Criminal intimidation. [RJS 1974]

Q. 3. Define Criminal Intimidation? How Criminal intimidation is different from extortion?

[MPJS 2018]

Attempts to Commit Offences (S. 511)

Q1. Kakkaji, a self-styled leader, was in leaque with a gang that was regularly smuggling sliver and other contraband goods out of the country. On the fateful day, two vans left Kakkaji's residence at midnight, followed by Kakkaji in his car. The vans had a consignment of silver bars and were destined for a creek on the seashore. Customs officials followed the convoy of cars that stopped near the creek. Just when half of the silver consignment had been unloaded from the vans and a mechanized sea-craft could be seen approaching the creek, the customs officials seized the vans and the silver consignment. The accused was prosecuted for attempting to smuggle out goods in violation of the provisions of the FERA, 1947, Imports and Exports (Control) Act, 1962, read with section 511 of the Penal Code.

Can the accused be successfully prosecuted on the above facts? [Punj JS 1998]

Q. 2. Reeta believed herself to be pregnant and asks X to help her to undergo abortion. X administers her some obnoxious substance sufficient to cause miscarriage but later on it was found that Reeta was not pregnant at that time. Reeta and X are charged for attempt to cause miscarriage. Discuss the liability of the accused. [HJS 2006]

Q. 3. Discuss the law of "Attempt" under Indian Penal Code. [HJS 2009]

Q. 4. A intending to murder Z, mixes poison, with the milk and then places the glass on Z's table. What offence did a commit? [HJS 2009]

Q. 5. Had A mixed sugar, mistaking it as poison, with milk and then placed the glass on Z's table, would it make any difference in the judgement? [HJS 2009]

Q. 6. In order to pick the pocket of B, A inserted his hand into the pocket of B, which touched the trigger of the loaded pistol kept in B's pocket. The pistol went off, killing B. Discuss criminal liability of A. [HJS 2010]

Q. 7. Jagat Singh gave orders to a press to print 100 forms similar to those formerly used by a Coal Company. He had corrected the first proof and also suggested further corrections in the second proof in order to make it appear exactly like the form used by the Coal Company. At this stage Jagat Singh was arrested and charged with the offence of having attempted to make a false document. Decide and give reasons. [HJS 2011]

Q. 8. Is A guilty of criminal attempt in the following case?—

A with the intention of picking the pockets of B, puts his hands into B's trousers and removes a bundle of papers. A subsequently discovers that the bundle contained old and discarded laundry receipts which B had kept with him for the purpose of throwing them away in a dust bin. [RJS 1969]

Q. 9. What is an attempt to commit a crime? What is the law relating to impossible attempts? [RJS 1999]

Q. 10. When does an act amount to an attempt to commit a crime? Is there any difference in this respect between the general section 511 of the I.P.C. on the one hand and Section 307 I.P.C. and Section 308 I.P.C. on the other? If so, explain with reasons. [DJS 1989] Q. 11. A administers strong dose of medicine to procure abortion to B a woman not pregnant at all, having no foetus to be removed. [DJS 1989]

Q. 12. A truck carrying 200 bags of fertilizers and proceeding from Ludhiana to Delhi was intercepted at Sales Tax barrier situate at a distance of 15 K.M. from border of Delhi on a G.T. Road. The Lorry driver was in possession of invoices and other records but had no permit issued under "Fertilizer (Movement Control) Order. The driver and cleaner of truck are prosecuted for an attempt to export fertilizer from Punjab to Delhi in contravention of said order. Decide. [DJS 1991]

Q. 13. Explain briefly the law relating to attempt to commit an offence and examine whether

A who intends to kill B is guilty of attempt to murder in the following cases:

(i) A fires a gun at B but misses his aim.

(ii) A shoots at B believing him to be sleeping but in fact, B had died of heart failure

before A shot at him. [DJS 2006]

Q. 14. A intending to commit theft, enters the house of B at night and removes from one of the courtyard where he opens it. He does not find in the box anything worth taking and leaving it there goes away. Did A commit any offence? If yes, what offence? [UPJS 1987, 2015]

Q. 15. A wants to kill B with arsenic poison and with that purpose he administers sugar in his food, believing sugar to be arsenic. Discuss liability of A. [UPJS 2006]

Q. 16. Amar Singh was arrested by custom officers while in possession of a suit case which he believed to contain prohibited drugs whereas on analysis the drugs in the suitcase were found to be only snuff or harmless vegetable matter. Amar Singh had admitted to the custom officers after his arrest that he was dealing in the prohibited drugs. He was charged under section 511 of the Indian Penal Code, with attempting to commit the offence of being knowingly concerned in dealing with and harboring prohibited drugs. Decide and give reasons. [HJS 2011]  

Q; 17. Discuss the ingredients necessary to constitute 'Attempt' under the Indian Penal Code. State whether in the following situations, any offence or an attempt to commit an offence under the Indian Penal Code is made out:

(i) A wife intending to cause the death of her husband mixes sugar in his tea thinking that it was poison and gives it to the husband.

 (ii) A man, intending to kill Gopal, strikes Gopal's body with a heavy rod, while he was , • . lying dead, in his room.

(iii) A,, intending to blast a bridge, carries a bomb near the bridge. He was awaiting the

orders of the gang leader to carry out the blast. Before that he is arrested by the r police. [Punj JS 2006]

Q. 18. B, a young business man, gave pills to G, his girlfriend, to procure abortion; but nothing happened as—(i) G had not conceived, or (ii) the pills turned out to be made of sugar alone. B is charged with the attempt to cause miscarriage. Decide.

[HJS2015]

Miscellaneous

Q. 1. Write Short Notes on:

Difference between Dacoity and Robbery.

(ii) Limitations on exercise of right of Private Defence?

i (iii) Difference between 'Hurt' and 'Grievous hurt'

(iv) Difference between'Common intention'and'Common object'

(v) What are the ingredients of an offence under Section 295A, IPC? [HJS 2022]

Q. 2. Define any three of the following—

(a)Thug

(b)Grievous Hurt

(c)Trafficking of person

         (d) Extortion

          (e) Robbery [RJS 2022]

Q. 3. On the night intervening 31-8-2019 and 1-9-2019, P strangulated his wife X and caused

her death at around 11:00 PM on the rooftop of the premises. On 1-9-2019, a case was registered against P under section 302, IPC. P was tried by the Court of Sessions. To prove its case, the prosecution examined 10 witness.

Case of the prosecution:

(a) Star witness C, son of the deceased aged around 7 years has in his deposition implicated P for causing death of his mother by strangulation with 'saria'.

(b) Neighbour Z testified that he had seen P leaving the house in the morning on 1-9- 2019 at 6:30 AM.

(c) Crime weapon i.e., 'saria' was recovered pursuant in the disclosure statement of P from underneath the bed in the house.

(d) P absconded from the crime spot.

(e) False explanation in section 313 of the CrPC statement.

Defence of P:

(a) He is not the author of the crime.

(b) C's testimony cannot be believed as he was sleeping at the relevant time; he is a tutored witness. C did not inform the police and his statement was recorded by the police after a delay of 10 hours. He used to scold C for missing his school classes.

(c) The 'saria' was a piece of rod hearing ridge marks but the post-mortem examination report did not suggest whether the strangulation marks appearing on the neck of the deceased had those ridge marks of the 'saria'.

(d) He had no intention to kill X. On that night, he had come late at home after viewing a movie at 11:00 PM and was under the influence of liquor. He asked X to prepare food for him. When she declined, a quarrel took place; he lost his cool and gave beatings to X. In anger, X went to her room and committed suicide.

(e) They were married for about 10 years and no quarrel had ever taken place between them.

Decide the criminal liability of P dealing with the rival contention. DJS 2019

Q. 4. The doctrine of "locus standi" is totally foreign to criminal jurisdiction. Discuss.

[]DJS 2019]

Q. 5. A and B together enter into a shop of home appliances at 8:00 PM by breaking open its window to commit theft. A servant was sleeping inside the shop who woke up on hearing the noise. When he confronted A and B while they were committing theft, A apprehending threat to their lives and in order to defend himself, picked up a kitchen knife lying in the shop and stabbed the servant. Both A and B ran away from the spot without taking away any property with them. Though the knife blow was not fatal but the servant succumbed to the injuries next day due to loss of blood as he could not get timely medical treatment. Decide the culpability of B. [DJS 2019]

Q. 6. Complainant X was owner of a plot No. 5. She alleges that A-I, with the aid of an imposter who by impersonating as X created a power-of-attorney in his name as if he was her agent. It was further alleged that using the aforesaid power-of-attorney, A-I attempted to transfer the property of the complainant by executing a mortgage deed in favour of A-2 for a sum of Rs. 50,000. After getting information about the aforesaid transaction, the owner of the property X gave a complaint to the police who registered an FIR on 14th March, 2019. After the completion of investigation, the police filed final report under section 420, 423 and 424, IPC against A-I and A-2. The complainant died after filing the complaint.

The Magistrate framed charges against A-I for the offences punishable under section 420, 423 and 465, IPC and against A-2 for offences under sections 424 and 465, IPC read with section 109, IPC. Both the accused persons were tried and finally A-I was convicted under section 465, IPC and A-2 under section 465, IPC read with section 109, IPC. Aggrieved by the said orders, the accused filed appeal before the Sessions Court which ended up in dismissal by upholding the order of conviction. Thereafter, the aiccused persons approached the High Court. The High Court acquitted the accused persons by setting aside the concurrent findings of the courts below.

Dissatisfied with the judgment of the High Court, X's daughter has filed an appeal before the Supreme Court. Whether she would succeed? Discuss.

Admitted position is that signatures of A-I and A-2 were not found on the forged documents. The appellant has got back the property and mortgage deed has been 

cancelled by a competent court. The imposter who executed power-of-attorney is not traceable. [DjS 2019]

Q. 7. The prosecution case is that on 10-1-2012, the petitioner married X. After one year of

marriage, X was subjected to physical and mental cruelty on account of dowry demands by her husband. On 14-9-2016, at midnight at about 2:00 AM, the petitioner assaulted her by thrashing her head against a concrete structure. X got injuries on her head. In the MLC, nature of injuries was opined as 'simple'. On the complaint of X, an FIR was registered under section 498A, IPC. Upon completion of investigation, the police filed final report under section 498A, IPC against the petitioner. After recording evidence, the court was of the view that the prosecution could not bring home the guilt of the petitioner for commission of offence under section 498A, IPC. However, from the evidence, it was amply proved that on 14-9-2016, the petitioner had caused simple hurt to the wife and was liable to be convicted under section 323, IPC.

The Magistrate after passing the judgment of conviction on 6-10-2016 and on that very day, passed a 'separate order stating that charge so framed was required to be altered and section 323, IPC was to be added in addition to section 498A, IPC. The trial court accordingly framed charge under section 323, IPC and convicted the petitioner thereunder. The petitioner challenges his conviction under section 323, IPC. Decide.

[DJS 2019]

Q. 8. Mr. A lived with his daughter, Ms. X, who is 5 years old. Mr. A and Mr. B were business rivals. Mr. A decided to kill Mr. B, for which he instigated Ms. X as a consequence of which, Ms. X stabbed Mr. B with a sharp knife. However, Mr. B survived and registered an FIR against Mr. A and Ms. X.

Consider the above facts and discuss the liability of Mr. A and Ms. X. [Punj JS 2019]

Q. 9. Differentiate among the following, with the help of relevant case laws:

Motive and Intention [Punj JS 2019]

Q. 10. Comment the statement that a "suspicion, however strong, cannot be a substitute for proof of guilt" under criminal law. [Punj JS 2015]

Q. 11. Write a note on 'Right of Private defence of Body and of Property'. Explain under what

circumstances the said right extends to causing death. [DJS 2005]

Q- 12. Four accused A, B, C and D tried to forcibly stack their bundles of grains in front of R's enclosure. R objected because the land belonged to him. A and B assaulted him with kicks and fists. C and D who were armed with lathis gave lathi blows on the head of R. R died as a result of injuries caused by lathis. A, B, C and D are tried under section 302 read with section 34 I.P.C.

Decide the case. Give reasons for your answer. [HJS 1999]

Q. 13. A and B were both security guards posted outside the home of a senior army officer Mr. X. They often used to exchange hot words with each other in one context or the other. On the day of Deepawali, both of them had a verbal exchange due to the fact that both wanted to go home early for the festival. That led to altercation between the two. Both of them instantaneously aimed their revolvers at each other respectively. C, who was also on duty with them intervened and pacified both of them. Both lowered their weapons respectively. The moment B noted that A had lowered his revolver, he immediately fired at A and killed him On being tried, B was awarded death sentence.

However, on appeal, the High Court acquitted B on the plea of self-defence. The State intends to go in for appeal against the decision of the High Court. Please advise in the light of the case law on the subject? [HJS 2007]

Q. 14. Mohan was an Engineer by profession. He was a bachelor and had lost his parents in an accident, when he was a small child. In 1995, Mohan met with a terrible accident where he was involved in a car crash, in which his legs were stuck in the debris. He had lost his consciousness also. After a great deal of effort, doctors managed to extricate him from the debris. But, he remained in a coma. There was no improvement in his condition till March 2005. The doctors treating him were in a fix as to whether they should turn off his life support system.

On April 10, 2005, a young girl was admitted to the hospital in which Mohan was being treated. She had multiple organ failure and required an urgent kidney and liver transplant. Mohan was known to be an activist who, before his accident, fought for the cause of organ transplantation. He had even received awards for his work in encouraging people to donate their kidneys and eyes. The doctors (a team of eight) took a decision to remove one of Mohan's kidneys and a part of his liver and transplant it into the young girl. After the surgery was completed, Mohan^miraculously regained consciousness. He sought to prosecute the doctors who operated on him and contended that the doctors were, inter alia, guilty of various offences under Indian Penal Code. Address the following issues:

(i) Mohan seeks to prosecute the doctors under Section 379 of IPC. He also seeks to prosecute them under Section 392 and 395 of IPC. Will he succeed? Give reasons.

(ii) Can the doctors take up necessity as a defence? Give cogent reasons. [HJS 2011]

Q. 15. Dr. Erricson was a neuro-surgeon in India. Manoj, his patient was suffering from acute

neurological disorders which rendered him immobile. Sometime later, Manoj developed severe rashes and wounds on his body due to constant confinement to the bed. Erricson was deeply disturbed by the pain of Manoj and told himself that putting an end to the life of his patient would be better than watching him struggle through so much pain. Thinking this, he removed the life support system around Manoj and stopped injecting the regular medicines to his body. Within five days, Manoj died.

Is Dr. Erricson guilty of any crime under the IPC? [HJS 2013]

Q. 16. The Criminal Law (Amendment Act), 2013 has substantially changed the law in relation to sexual offences in India. Point out the amendments effected by the Act and show how the earlier provisions in relation to Rape were inadequate? [HJS 2013]

Q. 17. Ram Singh died leaving behind his widow W two sons Ratan & Raju and one daughter " Arti. The family owned a few pieces of land which were being cultivated jointly by the family members.

Ratan wanted his share to be delineated and had preference for agricultural piece of land X which he wanted to cultivate separately. He had for some time been attending to the land X to the exclusion of other family members.

One day, Ratan found Raju, Arti and W cultivating land X without his knowledge. He became angry and there was exchange of abuses between the two brothers. Ratan dashed Raju on the ground, sat upon his stomach and belaboured Raju with fists and slaps. This rendered Raju senseless. Ratan and W gave Raju water to drink but he did not regain his senses. Arti in the meantime went to call the doctor who came and declared that Raju was dead. The post-mortem report disclosed, inter-alia, the following ante-mortem injuries on the person of Raju:

(a) The spleen which appeared to be diseased was found ruptured.

(b) Diffuse swelling on the left side of the forehead.

’ ' (c) The Sth, 9th, lOtli and 11th ribs on the left side were found fractured.

(d) Compression of the chest by hard and strong blows.

In the opinion of the doctor the injuries were caused by some hard blunt substance and the cause of the death was shock and hemorrhage as a result of above injuries.

Discuss the criminal liability of Ratan. [DJS 2014]

Q. 18. Distinguish the following terms:—

(i) Theft and mischief

(ii) Rape and adultery [UPJS 1997]

Q. 19. Define very briefly "Cheating", "Rape", "Kidnapping", "Abduction", "Breach of Trust", "Criminal Trespass" and "Lurking house trespass by night. [JJS 2001]

Q. 20. Where A sees a person preparing for a crime and does not inform the authorities, is he liable for any offence under the IRC. Elaborate with the help of decided cases.

[HPJS 2018]

Q. 21. A, wife of B, aged 17 years goes to her field. There C, with A's consent commits a sexual intercourse, knowing her to be wife of B. Thereafter C kills A and runs away. D while passing takes all ornaments from A's body. After 4-5 days C, by putting D in fear of injury takes the ornaments of A from D. D lodged a report with the police against C. Reply the following—

(i) What offences C committed in the field of B?

(ii) What offences D committed?

(iii) On the report of D, what offence is committed by C? [RJS 1986]

Q. 22. Write short note on Difference between Knowledge, Intention and Motive.

[RJS 1974, HJS 2013]

Q. 23. Distinguish between 'intention', 'knowledge' and 'motive' giving appropriate illustrations. [RJS 1971, DJS 2014]

Q. 24. Distinguish between intention and motive. Indicate the importance of motive in Law of Crimes. [UPJS 1992]

Q. 25. A and B exchange secret letters as to how best they can kidnap a minor girl and later give tip the ideas as impossible. Have they committed an offence? If either of them wrote a note to the girl persuading her to meet them at a specified place, what offences, if any, will both or either of them have committed? [HJS 2003] 

CODE OF CRIMINAL PROCEDURE

 

Preliminary (Ss. 1-5)

Distinguish between cognizable and non-cognizable offence.

Describe the Cognizable and Non-cognizable offence

Distinguish between 'Inquiry' and 'Investigation'.

Distinguish between Summons case and Warrant case.

Distinguish between Inquiry and Trial.

Explain the meaning and purpose of 'Investigation' with reference to relevant provisions of the Code of Criminal Procedure. Distinguish between 'Investigation', 'Inquiry and Trial', giving two illustrations of each of these three proceedings. [Punj JS 2006]

Write note on Warrant-Case [BjS 1978]

(a) What are the material points of difference between Summons and Warrant cases?

(b) Describe the procedure for the trial of Summons Cases. [BJS 1984]

Distinguish between Cognizable and non-cognizable offences [DJS 1973, 2006, RJS 1979, HJS 1999, UPJS 1987, 2015]

[HJS, 1988, 1999, RJS 1969, 1975 [HJS 1988, 1999] [HJS 1988, 1999] [HJS 1988] [MPCJ 2021] [JJS 2019] [UPJS 1991, Guj JS 2017] [Punj JS 2003] [HJS 1988, Punj JS 2003]

 

Q.  Inquiry and investigation

Q.. Summons and Warrant cases

Q.  Distinguish between Inquiry and trial.

Q.  Define with reference to Criminal Procedure Code—

(iv) Warrant case

(v) Cognizable offence

(vi) Judicial Proceeding

Bailable and non-bailable offences

(i) Complaint

(ii) Inquiry

(iii) Police Report

Q. . Explain—

’ (i) Cognizable offence

(ii) Non-bailable offence

(iii) Summons case

Q.  Explain and distinguish [RJS 1976]

Bailable warrant and Non-bailable warrant.

Q. . What is a 'non-cognizable offence'?

Q.. What is a 'warrants case'?

Q. . Define cognizable offence.

Distinguish between any three of the following:

(a) Trial, Enquiry and Investigation.

(b) Complaint and Police Report.

(c) Cognizable and Non-cognizable offence.

(d) Summons Case and Warrant Case

Distinguish between (a) summons case and warrant  case, (b) discharge and acquittal.

[DJS 1989]

Define inquiry, investigation and trial and distinguish between these terms. [DJS 1989]

Q. . Distinguish between cognizable & non-cognizable offence, bailable '& non-bailable ’ ' offence, compoundable and non-compoundable offence; summary' trial, summons trial and warrant trial. [DJS 2007]

Write a short notes on:

' (a) Investigation, inquiry and trial.

(b Complaint case and police case. [DJS 2008]

Q.  Write short note on Judicial proceeding [UPJS 2012]

Q.  Which cases are warrant cases? [Guj JS 2020]

Q. . Explain the terms 'Inquiry' and 'Investigation'. Distinguish between the two. [HPJS 2016]

Q. . Distinguish between Inquiry and Investigation. [Punj JS 2003]

Q.. What do you understand by Investigation? [RJS 1991]

Q. . Write short notes on Investigation [MPJS 2014]

Q. . Illustrate and distinguish between:

(i) Bailable and non-bailable offence.

(ii) Summons case and warrant case.

(iii) Enquiry and trial. [UPJS 1987]

Q. . Describe in brief the salient feature of the Code of Criminal Procedure (Amendment) Act, 2008. [MPJS 2010]

Q. . Pritam was in an earlier case charged under section 19(1) of the Arms Act for possessing a revolver without licence and acquitted as the prosecution could not prove that he was in possession of revolver. The prosecution institutes a subsequent trial against Pritam on charge of murder by shooting with a revolver. Will the finding of the earlier case under Arms Act affect the prosecution case? [Pun] JS 2001]

Constitution of Criminal Court (Ss. 6 to 25A)

Q. 1. Which are the different criminal courts under the Criminal Procedure Code? How is a court of session established and what are its powers and jurisdiction? [HPJS 2016]

Q. 2. Who can appoint a Public Prosecutor? [RJS 1984]

What is the difference between a Judicial Magistrate and a Metropolitan Magistrate? [RJS 1986, 1994]

Q. 4. Can a police officer be appointed as an Assistant Public Prosecutor? [RJS 1986]

Q. 5. Who does establish the Courts of the Judicial Magistrate of the first class? Who does appoint Judicial Magistrates in these Courts? [RJS 2011]

Q. 6. Who is the Judicial Officer competent to give special orders, as to the distribution of business among the Judicial Magistrates posted in a District Judgeship? [RJS 2014]

Q. 7. What do you understand by "Local Jurisdiction"? [RJS 2015]

Q. 8. How many classes of courts are established under the new Code of Criminal Procedure (1973) and in what manner the control of the Executive has been taken away by the new Code? [RJS 1975]

Q. 9. How many kinds of magistrates are in your State? What are their powers? [RJS 1976]

Q. 10. Who is a Public Prosecutor? Cah he withdraw a criminal case? [RJS 1991]

Q. 11. What are various classes of criminal courts under the Code of Criminal Procedure. [RJS 1991]

Q. 12. A Sessions Judge leaves his Sessions division. Who can dispose of urgent applications and under what circumstances? [RJS 1986]

Q. 13. What are special duties and responsibilities of a Chief Judicial Magistrate under the Code of Criminal Procedure, 1973? [RJS 1986]

Power of Court (Ss. 26-35)

Q. 1. Describe the powers of Criminal Courts to inflict punishments? [MPCJ 2021]

Q. 2. What are the powers of Magistrate to pass sentences? [MPCJ 2022]

Q. 3. A, an accused was arrested on 1-12-1985 for the offence u/s 302, 307 I.P.C. After investigation the challan was submitted on 27-1-1986. The trial concluded on 1-12-1987. r A was sentenced for life imprisonment u/s 302 I.P.C. and for 7 years u/s 307 I.P.C.

Reply the following questions—

For how many years the accused has to serve minimum sentence? [RJS 1986]

Q. 4. A is convicted of three offences by a criminal court competent to try such offences and the court passes sentence of imprisonment in all three cases. Individually the court is competent to pass the sentences but the aggregate of them exceeds the punishment prescribed for any single offence.

Whether A needs to be sent for trial to a higher court?'State the law. [BJS 2014]

Q. 5. What courts have jurisdiction to try Juveniles? [RJS 1986, 1994]

Q. 6. To what extent an Assistant Sessions Judge can pass a sentence? [RJS 1986]

Q. 7. To what extent a Chief Judicial Magistrate can pass a sentence? [RJS 1989]

Q. 8. What maximum sentence can be passed by a Sessions Judge? [RJS 1984, 1991, 1994] Q. 9.(

Q. 10. Discuss the jurisdiction of Court in cases of juveniles as provided under the Criminal Procedure Code, 1973.

Q. 11. Explain the law under the Criminal Procedure Code, 1973 relating to sentence in cases of conviction of several offences at a trial. [UPJS 2006]

Whether the Trial Court has discretion while awarding concurrent or consecutive sentences to an accused in a criminal trial. [jjS 2019]

Q. 13. To what extent a Magistrate and a Sessions Judge can pass a sentence in default of payment of fine? [RJS 1986]

Q. 14. What is the maximum sentence that can be passed by a Chief Judicial Magistrate? [UPJS 1984, RJS 1984, 1991]

Power of Superior Officer of Police (S. 36)

Can a Dy. Inspector General of Police exercise the power of a Station House Officer? If so, under what provision of law? [RJS 1986]

Aid to the Magistrate and the Police (Ss. 37-40)

Under what circumstances the public is bound to aid and assist the Magistrate and the police including giving informations of commission of certain offences under section 39 of Cr.P.C.? [HPJS 2016]

Arrest of Person (Ss. 41-60A)

Q. 1. Is there any requirement of issuing notice to an accused before arrest in commission of cognizable offences. Elaborate. [DJS 2022]

Q..2. Under what circumstances police may arrest any person without warrant? Explain. [BJS 2018]

Q. 3. Examine the procedure of arrest and the duties of officer making arrest. (BJS 2018]

Q. 4. A police officer has no definite knowledge or definite information that A is in possession of an instrument of housebreaking. The police officer arrests A. Is A's arrest illegal even though an instrument of housebreaking may actually be found on searching after the arrest? Answer with reasons. [UPJS 2018]

Q5. Objective behind inclusion of Section 50A in the Cr.P.C. [HPJS 2018]

Q. 6. When a police officer can arrest a person without warrant? How such an arrest can be effected? [JJS 2017]

Q. 7. Explain the circumstances in which an arrest without a warrant can be made. Can a Magistrate issue a warrant for arrest in respect of a cognizable offence before taking cognizance of the offence? [Punj JS 2006]

Q. 8. Examine the procedure for search under the Code of Criminal Procedure, 1973. What, if any, is the effect of illegal search on the admissibility of evidence and the validity of trial? [Punj JS 2006]

Q. 9. Describe the various rights of an arrested person under the Cr.P.C. Can a Magistrate refuse the request of an arrested person for medical examination of his body? If so, under what circumstances? [Punj JS 2010]

Q. 10. What protection has been afforded to members of the armed forces from arrest? [Punj JS 2010]

11. The decision to arrest is primarily a judicial function. Respond to this statement with reference to pre-arrest and post-arrest procedures in the Code of Criminal Procedure. [Punj JS 2013]

Q. 12. When can the police arrest a person without a warrant? [BJS 2000, 2011]

Q. 13. What are the guidelines laid down by the Supreme Court for the police while arresting a judicial officer? [BJS 2011]

Q. 14. Explain Arrest without warrant. (HJS 1986]

Q. 15. Mention the categories of cases in which a police officer may arrest a person without a warrant. [HJS 1999]

Q. 16. Under what circumstances a police officer may search a place without warrant? [HJS 1999]

Q. 17. Under what circumstances a private person may arrest or cause to be arrested a person? [RJS 1984, 1991, 2014, HJS 1999]

Q. 18. In what cases a police officer may arrest any person without an order from a magistrate and without a warrant? [HJS 2001]

Q. 19. What are the provisions in the Criminal Procedure Code regarding the search of the arrested person? Does the search become illegal where no grounds of arrest are given to the accused? [HJS 2001]

20. In what circumstances a person can be arrested without warrant? What measures and precautions are required to be taken while arresting a person, as directed by the Supreme Court? [HJS 2010]

21. 'Regulating the nature of interaction between the accused and the police authorities is at the crux of a developed criminal justice system.' Elaborate on the statement by referring to the guidelines laid down in the case of Joginder Kumar v. State of U.P., AIR 1994 SC 1349. [HJS 2013]

Q. 22. Who is a Registered Medical Practitioner under the Code of Criminal Procedure, 1973? [RJS 1986]

23. Why can an arrested person not resist against his medical examination under Section 53 of the Code of Criminal Procedure, 1973? [RJS 1999]

Q. 24. In what circumstances may a police officer arrest a person without an order from a magistrate and can arrest be made by persons other than a police officer in any circumstances? Explain and illustrate. [UPJS 1987]

Q. 25. Briefly describe the circumstances where under a police officer, a private person and a magistrate may arrest a person without warrant. [UPJS 1997]

Q. 26. In what circumstances may a police officer arrest a person without an order from magistrate and without a warrant? Can an arrest be made by persons other than a police officer? Explain jand illustrate. [UPJS 2000]

Q. 27. When a Magistrate arrests a person without a warrant, is he required to inform the person arrested, of the grounds for such arrest? If so, under which provision of Criminal Procedure Code? Explain. [UPJS 2012]

28. Which property may be seized by a police officer, without the courts order? Describe the procedure to be followed by such officer, after such seizure. [UPJS 2013]

Q. 29. Can a police officer during investigation seize any property without the permission from the court? Describe the procedure to be followed by the officer after seizure of such property. [UPJS 2016]

Q. 30. What are the provisions regarding search by a police under the Criminal Procedure Code, 1973? Explain. [UPJS 1992]

Q. 31. In what cases may a police officer arrest without a warrant? [BJS 1977]

Q. 32. Whether the person who is arrested has a right to insist for the presence of an advocate at the stage of police interrogation? [DJS 2019]

Q. 33. What are the provisions in the Criminal Procedure Code regarding the search of the arrested person? Does the search become illegal where no grounds of arrest are given to the accused? [HJS 2001]

Q. 34. Discuss the guidelines laid down by the Supreme Court in the case of D.K. Basu v. State of West Bengal, 1997 (1) SCC 416 in relation to the safeguards for the arrestee.

Q. 35. Explain the role of a Magistrate in ensuring the production of an accused before him within 24 hours of arrest with relevant provisions. [TNJSE 2020]

Q. 36. Explain the legal consequences of non-compliance of the procedure contemplated while carrying out a search, the effect of illegal search, the admissibility of evidence gathered ■ through an illegal search and the validity of trial with relevant provisions. [TNJSE 2020]

Q. 37. When is a person said to be under arrest? Are the terms 'Custody' and 'Arrest' synonymous? Explain with an illustration. [TNJSE 2020]

Summons (Ss. 61-69)

Q. 1. Can a Miinsiff-cum-Judicial Magistrate direct a process-server of the Civil Court to serve a summon issued by him in a criminal case? [RJS 1986]

Q. 2. Can a summon be served by registered post upon ah accused person? If so, under what law? [RJS 1986]

Q. 3. Briefly state the processes to compel appearance of the accused or of witnesses before acourt? [HJS 2001]

Q. 4. What are the processes to compel the appearance of a witness in a court? [RJS 1988] Q. 5. How summons is served on government servant? [UPJS 2012]

Q. 6. Limitations on the power of Magistrate in summoning witnesses at the instance of the party and otherwise. [DjS 1976]

Warrant of Arrest (Ss. 70-81)

Q. 1. What is the procedure to be followed in executing a warrant beyond the jurisdiction of Court which issued it? [UPJS 2015]

Q. 2. State to whom a warrant of arrest may be directed. Whether such a warrant may be directed to a person? Explain the circumstances and the law in this regard. [BJS 2014]

Proclamation and Attachment (Ss. 82-86)

Q. 1. Discuss the provisions of the Criminal Procedure Code relating to attachment of property of a proclaimed offender. [Bjg 2006]

Summarize the procedural law dealing with an absconding person against whom a ’ warrant has been issued by the Court. [RJS 1980-81]

Q. 3. What topics have been dealt within Sections 82 and 83 of the Code of Criminal Procedure, 19737 [RJS 1986]

Q. 4. Write brief note on Proclaimed offender. [RJS 1991]

Q. 5. B absconds after committing a crime. How can he be compelled to appear before the Court? What action may be taken by the court if B does not appear? [RJS 1999]

Q. 6. Enumerate the coercive steps a Metropolitan Magistrate can take to ensure the presence of a witness or accused during the criminal trial. How should he proceed if despite coercive steps, accused does not appear to face the trial. [DJS 2007]

Q. 7. When the warrant against an accused is not executed, what is the next step for compelling his appearance before the Court? [UPJS 2015]

Q. 8. Write a short note on Coercive steps to be adopted by courts to compel/procure attendance of an accused. [DjS 2008]

Other Rules Regarding Process (Ss. 87-90)

Q. 1. When can warrant be issued by a Court in lieu of sununons? Can a Court take a bond for appearance of a person who is present in the Court? Discuss with reference to statutory provisions. Can a person who has filed a bond, be arrested? If so, under what circumstances? [Punj JS 2012]

Q. 2. When can warrant be issued by a court in lieu of summons? [UPJS 1992, 2003] Q. 3. Briefly state the processes to compel appearance of the accused or of witnesses before a court? [HJS 2001]

Summons to Produce (Ss. 91-92)

Q. 1. Whether an accused person be directed to produce a document? If so, under what provision of law? [RJS 1986]

Q. 2. Briefly discuss, can an accused invites section 91, Cr.P.C. to bring on record some documents before arguments on charge? [DJS 2000]

Q. 3. If the court is satisfied that some material documents have been withheld by the investigating agency and do not form part of the charge-sheet, whether the accused can invoke section 91 of the CrPC and seek their production? Does it debar the court from summoning such documents and relying upon them at the stage of consideration of the charge? [DJS 2019]

Q. 4. Whether the trial court can permit the accused to produce any document at the stage of framing of charge? Whether the accused can seek the aid of section 91 of Cr.P.C. for the production of any document at the stage of framing of the charge? [Pun] JS 2007]

Search Warrants (Ss. 93-98)

Q. 1. Under what circumstances may a search warrant be issued by a Court? [BJS 1977] Q. 2. Discuss the emergency procedure in the Code of Criminal Procedure for the discovery of the person who is wrongfully confined. [RJS 1974]

Q. 3. The natural father took away his son from the custody of the adoptive father on the ground that the adoption was invalid. Can the adoptive father take resort to the emergency procedure for the discovery of his adoptive son? [RJS 1974]

Q. 4. Which authority under the Code of Criminal Procedure, 1973 can order for the immediate restoration of an abducted or an unlawfully detained woman or a female child under the age of 18 years, and what procedure shall he adopted to pass such an order? [RJS 1975]

Q. 5. When search warrant can be issued? [RJS 1991, 2011]

Q. 6. What are the grounds on the basis of which a search warrant may be issued?

[RJS 1999]

Q. 7. Write a short note on Search warrant and production warrant. [DJS 2008]

Q. 8. Can a search warrant be issued under section 97 of Cr.P.C. in respect of a minor wife kept by a husband against her wishes? Discuss. [DJS 1989]

Q. 9. Decide the legality of the following proceedings:—

The publication of a newspaper containing material punishable under Section 124-A and 153-A of the Indian Penal Code, 1860, is prohibited by the State Government. The editor, to set-aside the order of the Government submits application before the High Court. The High Court consists of 10 judges but the matter is decided by a Bench of 2 Judges. [UPJS 1997]

General Provisions Relating to Searches & Miscellaneous (Ss. 99-105)

Q. 1. Write short note on Power of the police to attach immoveable property under section 102 of the CrPC? [DJS 2019]

Q. 2. On receipt of search information, the raiding party consisting of two customs officials, one police officer and one independent witness, arrest two accused persons. A huge quantity of smuggled goods worth Rs. 15 lakhs is made. One accused got recovered a part of such goods from a toney at the seashore, while the other accused got recovered such articles from an island which had to be reached through a mechanical vessel. During trial, one of the arguments raised is that provisions of section 100(4) Cr.P.C. regarding joining two or more independent and respectable inhabitants of the locality, have not been complied with, and therefore, recovery is illegal. The prosecution evidence establishes that the independent witness joined in the raiding party was not a resident of the place from where the recovery was made.

Decide the objection, giving reasons, keeping in mind the fact and circumstances of the case. [DJS 1982]

Q. 3. Can a Police Officer subordinate to the officer-in-charge of a police station seize any property which may be alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of the commission of a crime? If yes then what further procedure such officer has to adopt? [RJS 1975]

On the receipt of secret information, a Police Officer along with two constables goes to the house of A and conducts search therein. Twenty bottles of illicit liquor are recovered as a result thereof. At the trial, A pleads that the search and seizure are illegal and stand vitiated for not reducing the secret information into writing and also for non¬joining of two or more independent and respectable inhabitants of the locality. Decide the objection. [DJS 1990]

Q. 5. Describe the Search and Seizure. [JJS 2019]

Security for Keeping the Peace and for Good Behaviour (Ss. 106-124)

Q. 1. Discuss briefly the circumstances under which security can be taken by the court for '' keeping peace and maintain good behaviour from the criminals under the Cr.P.C.

[RJS 1991, 1994, HPJS 2016]

2. State the habitual offenders against whom an order for security can be passed.

[BJS 1977]

Q. 3. The provision in respect of security for keeping the peace on conviction. [BJS 1977]

Q. 4. For what offences can a Court of Session or a Court of the First Class Magistrate while convicting and passing sentence on him order the accused to execute a bond with or without sureties for keeping peace for such period not exceeding three years as it thinks fit. [RJS 1975]

Q. 5. In what circumstances can a show cause notice for furnishing security for his good behaviour be issued by a judicial magistrate u/s 110 of Cr.P.C. (1973) and what procedure shall be followed by such magistrate? [RJS 1975]

Q. 6. Who can require a person to execute a bond for keeping the peace under Section 107 Cr.P.C.? [RJS 1984]

Q. 7. Can a Judicial Magistrate direct a person to execute a bond for good behaviour? If so, to whom? [RJS 1986]

Q. 8. Why can a Magistrate of First Class, convicting the accused under Section 406 of the Indian Penal Code, 1860, not direct the accused to execute a bond for keeping peace and good behaviour for a period of one year? [RJS 1999]

Q. 9. Under what circumstances can a Magistrate demand security for good behaviour?

[UPJS 1986]

Q. 10. In what circumstances and in respect to which offences after conviction in the case, a Session Court or a Judicial Magistrate may order for obtaining security for keeping peace from the convicted person? Describe. [UPJS 2013, 2016]

Order for Maintenance of Wives, Children and Parents (Ss. 125-128)

1. Whether the Magistrate is precluded to pass a sentence, in an application under section 125(3) of the Code of Criminal Procedure, beyond a period of 1 month in pursuance of execution warrant on a consolidated application made within 1 year from the date on which he amount become due? [RJS 2022]

Q. 2. Write short notes on Right to maintenance under Section 125 Cr.P.C. [HJS 2019]

Q. 3. Examine in detail the circumstances under which a wife is entitled under the Code of Criminal Procedure, 1973 to claim maintenance from her husband. What is maximum quantum of maintenance and how is it fixed? Whether maintenance pendent lite may also be awarded? Indicate case law. [Punj JS 1995(H)]

Q. 4. Please show your acquaintance with "Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945". Also please state whether a Muslim father is entitled to claim maintenance from his Muslim son under the Code of Criminal Procedure, 1973. [Punj JS 1995(11)]

Q. 5. Whether a Muslim woman is entitled to maintenance in terms of section 125, CrPC. Discuss with case law. [Punj JS 2003]

Q. 6. A joint petition for mutual divorce was filed by A and her husband B. In the said petition there was an averment that A would not claim any maintenance from B at any time or in future under any provision of law. It was also so stated by A in her statement in the Court in the above said petition. A had not remarried after mutual divorce. B had contracted second marriage. A petition for maintenance was filed by A under section 125 of Cr.P.C. against B on the ground that she was not able to maintain herself and B was getting handsome salary. Whether A was legally entitled to get maintenance from B? [Punj JS 2007]

7. A, aged 65 years is residing at Gurgaon. He is unable to maintain himself and wants to file a petition for maintenance under section 125 of Cr.P.C. against his son B who is residing at Panipat and getting handsome salary.

Advise A as to where he should file the above said petition. [Punj JS 2007]

Q. 8. A has taken divorce from his wife B. Thereafter B has started living in adultery with C. B has filed a petition for maintenance under section 125 of Cr.P.C. against A on the ground that she was not able to maintain herself and A was getting handsome salary. A has taken the plea that he was not liable to give maintenance to B who was living in adultery with C. Whether such a plea was available to A? [Punj JS 2007]

Q. 9. Write notes on maintenance of parents. [BJS 1978]

Q. 10. When is a hueband ordered to pay maintenance allowance to his wife? What order may a Magistrate pass when the husband fails to comply with the order? [BJS 1979] Q. 11. Discuss the rules relating to maintenance of wife, children and parents under Section 125, Cr.P.C. Under what circumstances can a husband seek alteration in an order of maintenance made in favour of a divorced wife. [BJS 1986, Guj JS 2020]

Q. 12. What are the provisions contained in the Criminal Procedure Code regarding maintenance of a wife? When and under what circumstances the amount of maintenance fixed by a Court be modified? [BJS 2000]

Q. 13. What are the provisions of the Criminal Procedure Code regarding maintenance of a wife? [BJS 2006]

Q. 14. When can the Magistrate cancel the order of maintenance to wife? [BJS 2011]

Q. 15. Explain fully the provisions of Criminal Procedure Code for maintenance of wives,

children and parents. [HJS 1984]

Q. 16. How can a wife who has been abandoned by her husband compel him to maintain her?

How does the criminal court enforce its maintenance? [HJS 1998]

Q. 17. When is a wife not entitle to maintenance for her husband? [HJS 1998]

18. How does Cr.P.C. provide for maintenance of Children and aged Parents? [HJS 1998]

Q. 19. Under what circumstances has a wife got a right to get maintenance from her husband?

Can this right be exercised by parents or illegitimate children also? [HJS 2003]

Q. 20. Explain the circumstances in which a wife is entitled to claim maintenance from her husband under the Code of Criminal Procedure. [HJS 2006]

Q. 21. Can a daughter be asked to maintain her 'father? If so, under what circumstances.

[HJS 2006]

Q. 22. Can an illegitimate son be asked to maintain his father? [HJS 2006]

Q. 23, What is the object of Section 125 in Cr.P.C.? Can the following claim for maintenance ■ under Section 125, Cr.P.C. and when:

(i) A Muslim wife from her husband

(ii) Mother and Father from a married daughter. [HJS 2009]

Q. 24. Can an aged father claim maintenance? [RJS 1991]

Q. 25. Under what circumstances has a wife got a right to get maintenance from her husband?

Can this right be exercised by parents or illegitimate children also? [RJS 1977]

Q. 26. A was the wife of B. B divorced A and married again. Can A file an application for maintenance against B and in which court? [RJS 1977]

Q. 27. The original Section 488 of the Criminal Procedure Code was enacted as a part of the law to prevent vagrancy. The same appears to be the purpose of the replaced Section 125 of the Cr.P.C., 1973 with certain important modifications. Would you agree? What are the modifications made by the Act, 1973 in the old law? Discuss the law and the principal behind the provision. [RJS 1979]

Q. 28. Salima, the wife of Fatehdeen, obtains an order from the Magistrate under Section 125, Cr.P.C. for her maintenance at the rate of Rs. 500/- p.m. on 1-4-1979. Fatehdeen pronounces Talak on her on the same day, i.e. on 1-4-1979 after the court had passed the order against him. When on 2-5-1979 Salima presents an application to the Magistrate that Fatehdeen had not paid the amount of Rs. 500/- due on 1-5-1979, Fatehdeen pleads in his defence that Salma had ceased to be his wife with effect from 1-4-1979 and therefore he had no obligation to pay her the maintenance amount. Decide. [RJS 1979]

Q. 29. Madhuri presents a petition under Section 125, Cr.P.C. against Virendra Kumar for her maintenance and for the maintenance of her three minor sons and for the maintenance of a major daughter, who is an idiot, alleging that she had married Virendra Kumar about 20 years back secretly in a temple and now Virendra Kumar had turned her out of the house and refused to maintain her and her sons and daughter. Virendra Kumar in his defence pleads that Madhuri was no more than a concubine and no marriage ceremony took place between him and her at any time. Suppose the marriage is not proved. Decide. [RJS 1979]

Q. 30. What are the considerations to be taken into account in the matter of grant of maintenance

to a wife and her child whom the husband has neglected to take care of? [RJS 1984]

Q. 31. What is the limitation within which warrant for the recovery of amount may be issued

u/s 125, Code of Criminal Procedure? [RJS 1986]

Q. 32. A, a Hindu, while playing fraud marries B, A Hindu woman, as per Hindu rites. Later on B discovers that A has living wife. Whether B can claim maintenance from Al What offence A and B have committed? [RJS 1986]

Q. 33. A and B were married at Calcutta. They last resided together at Delhi. A came on transfer to Jaipur leaving B with her brother at Delhi. He neglected and refused to maintain B. At what places application for maintenance under Section 125 of the Code of Criminal Procedure can be filed? [RJS 1989]

Q. 34. To whom a magistrate can order to maintain a divorced Muslim woman? [RJS 1989]

Q. 35. Whether a person can be ordered to pay maintenance to an adult son who is physically disabled and unable to maintain himself? [RJS 1991]

Q 36. What is the maximum amount of monthly allowance for maintenance which a criminal court can grant? [RJS 1991]

Q. 37. Who are entitled to maintenance? [RJS 1991]

Q. 38. Whether a divorced wife can claim maintenance? What is the maximum amount of maintenance permissible in Cr.P.C.? [RJS 1994]

Q. 39. A wife, who is unable to maintain herself, files an application claiming maintenance against her husband under section 125 of the Code of Criminal Procedure, 1973. She also requests the Court to order for interim maintenance pending final disposal of the matter. The non-applicant (husband) objects the demand of interim maintenance on the ground that there is no such provision in the said Section of the said code. Decide. [RJS 1999]

Q. 40. When can an order for paying maintenance passed under Section 125 of the Code of

Criminal Procedure be altered? [RJS 2011]

Q. 41. How and when a Magistrate can set aside an ex parte order passed while exercising powers under Section 126 of the Code of Criminal Procedure? [RJS 2014]

Q. 42. Under section 125, Cr. P.C., an order for maintenance is made by a Magistrate ordering a father to pay his deserted wife Rs. 60/- p.m. for maintenance of their young son, on the ground that he had neglected or refused to maintain the child in the following three cases:

(a) The mother had the custody of Child. At hearing father offered to maintain the child >♦ on condition it was left with him.

(b) The mother had custody of the child. She was a teacher on a salary. The father pleaded that the child must be maintained by her from her own earnings and could not be his liability.

(c) Child had been in custody of father and was maintained by him. He left the father and came to live with the mother when the father, one day, chastised him for throwing stones at passers-by.