PROFESSIONALS' LAW INSTITUTE,
SCO 135/2, Sector 24-D, Chandigarh 99158-88172
TEST – IPC
1. “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
penalizing ... 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.
2. (a)
M had caused injuries to the vagina of a seven and a half months old child by
fingering. He was charged under section 323 and 354 of IPC
(i) Is M guilty under section 323 IPC?
(ii)
Does a female child of 7½ months possess womanly modesty?
(iii) What is the difference between
the offences under section 354 and section 509 IPC?
(iv)
Whether the husband can be held guilty of outraging the modesty of his own
wife?
(b) Discuss the distinction between
Culpable homicide, Murder and Culpable homicide not amounting to murder.
(c) 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
to 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 clause of Section 300 is applicable in this case?
3. What
offence has been committed, if any, in the following cases:
(a)
A administers strong dose of medicine to procure abortion to B a woman not
pregnant at all, having no foetus to be removed.
(b)
A instigates B to the commission of an offence by means of a letter sent
through post. The letter never reaches B.
(c)
A shoots at B believing him to be sleeping but in fact, B had died of heart
failure before A shot at him.
(d)
B & G were found kissing and embracing each other in a Maruti Van, parked
at 40 paces from police post located at lonely place.
(e)
During the search of residential house of accused for offence under section
120-B, 420, 467, 468, 471 IPC. One Video Cassette containing pornographic scene
is recovered from an almirah, key of which was supplied by accused.
(f)
H, a husband at the request of his ailing wife placed poison within her reach,
which she swallowed and thereafter died.
(g)
A, with intent to murder, administered a fatal dose of poison to B, and then
while was still alive, a stranger c,
without A’s Complicity came upon B and shot him dead. Discuss the liability of
A and C.
(h)
A assaulted the deceased and severely cut across one of his fingers by an iron
instrument. The surgeon urged him to submit to an amputation of the finger but
he refused, though he was told that unless it were amputated his life would be
in great hazard. He attended the hospital regularly and got his wound dressed.
After a fortnight, however, Lock-jaw came on induced by the wound on his
finger. The finger was then amputated but it was too late and the lock-jaw
ultimately caused his death. Decide the liability of A.
4.
X, a newly married young and dynamic
person at senior position in a multinational company and Y, a beautiful,
sincere unmarried girl of advance thought were the friends at work place.
Within short span of time they fell in love with each other. There was an
understanding between them that they will eventually marry each other soon
after settling all issues related to X's marriage. On the basis of said
promise many times he had sexual intercourse with Y with her consent at her
house where she was residing alone. The wife of X was not ready to leave
but X was trying hard to resolve his marriage issues. Y eventually
considering this circumstance started liking another person Z at the same work
place and there was a change in her behaviour towards X. On realizing
this fact X tried to compel her for sexual intercourse and they did it last
time on 5.5.2011. Shocked by the conduct of X, Y filed a criminal
complaint against him for prosecuting him for the offence of rape. X
pleads that such sexual intercourse were with the consent of Y, therefore, he
has committed no offence. Decide with the help of legal provisions and
judicial decisions. Also explain if otherwise X can be prosecuted.
5.
T, an unmarried girl 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 abort her on payment of rupees 20,000/-. The amount was paid
and an operation was performed. But within an hour, the condition of T
became very critical and she died. What are the offences under which J
could be charged. Discuss with latest case law.
6.
‘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 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 various Industries to come up in
the SEZ area”.
Can
the reporter, editor, printer and published of ‘X Times’ be charged for offence
under Section 153A IPC. Give reasons.
7.
Discuss the principles relating to
corporate criminal liability?
8.
“Let the author be resurrected to what he is best
at. Write.” in the light of the above
statement discuss the law relating to Artistic Freedom
Versus Law of Obscenity.
9.
Discuss the difference between.
(i)
Breach of trust and criminal mis-appropriation.
(ii)
Kidnapping and abduction.
(iii)
Robbery and Dacoity.
(iv)
Mistake of Fact and Mistake of law.
10. 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 batting 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).
11. Abetment; conspiracy;
common intention: Do they overlap? Discuss.
