What is Jurisdiction? Explain different kinds of Jurisdictions?                                              

Ans: Jurisdiction: Jurisdiction within the meaning of the code means the power of a criminal court to try an offendor. Under IPC we have 03 kinds Jurisdiction They are: 1) Personal 2) Extra Territorial 3) Admiralty.

Personal Jurisdiction: S.2 IPC says every person shall be liable to be punished for every offense committed within India. The physical present is not necessary. Thus every person, citizen and alien, alike will come under this jurisdiction. The persons exempted from personal jurisdiction are: Presidents, Governors, judges, Ambassadors their families, secretaries etc.,

Extra Territorial Jurisdiction: S.3 says An Indian citizen if committed offence outside India he is deemed to have committed an offence in India. It is irrelevant whether the same is offence in that foreign territory. He can be tried in India.

Admiralty Jurisdiction: High seas is a no man‘s territory. The jurisdiction to try offences committed on the high seas is known as Admiralty Jurisdiction. When a ship sailing on the high seas it is considered to be a floating in the land of that nation whose national flag it is flying. So if the offence is committed on the high seas, if the ship is flying Indian National Flag, he will be tried in India under admiralty Jurisdiction. Any person in any place without and beyond India committing offense targeting a computer resource located in India.

Whether a company can be prosecuted under IPC?

Ans: Yes, as per S: 11 IPC says person includes any company or association or body of persons, whether incorporated or not. The word person includes artificial or juridical persons. Originally, it was opined that only companies can’t be prosecuted as it has no physical body or mind of its own. Moreover, the concept of vicarious liability is not applicable under Criminal law. However House of Lords decision in Lennard Carrying Co.Ltd v. Asiatic Petroleum Co.Ltd, altered the view.

What are the essential elements of an offence? Whether Guilty mind (Mensrea) is essential for all offences?

Ans: The four elements that constitute offence under IPC are: a) Human Being     b) Guilty intention   c) Illegal act or omission     (d) injury to another human being.

The illegal act or omission is punishable only if it coupled with guilty mind.  (actus non acit nisi mens sit rea). However, with advent of welfare state and consequent statutory offences, there is change in the judicial perception. Now, it is a settled proposition that mensrea is an essential element of every offense even under modern penal statue. However, if law either expressly or by necessary implication excludes, it is deemed an offence even though offence is unsupported by guilty mind. Similarly, under the following cases even if there is no specific exclusion of guilty mind, a person can be punished.

1. Acts which are not criminal in any real senses, but in public interest they are prohibited with a penalty. All public nuisances
2. Although proceedings are criminal in form; it is only a summary mode of enforcing a civil right. The two leading cases on this subject are: R v. Prince & R v. Tolson and State of Maharashtra v. M.H. George.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Which stage of an offense is punishable under IPC?

Ans: For every offense there are four stages.

They are: 1) Intention     2) Preparation      3) Attempt      4) Actual commission.

Stage- I: Intention: This Stage alone is not punishable.

Stage-II: Preparation: This stage is punishable only in three circumstances.

The 03 offences provide punishments for the preparation are:

1) Preparation to wage war against the Government of India (s.122)

2) Preparations to commit depredations on territories which are in alliance with the government of India (s.126)     3) Preparation to commit Dacoity (s.399).

Stage-III: Attempt: The third stage or attempt is always punishable. The offences dealing with attempt are divided into three groups:

i) Offences in which the commission & attempt to commit an offence are dealt within the same section. Ex:Waging war (s.121), Sedition (s124-A) Dacoity (s.391) .

ii) Offences in which separate specific punishments are prescribed.

Ex: Attempt to commit murder (s.307) Attempt to commit culpable homicide (s.308). Attempt to commit to suicide (s.309) iii)

All attempts which are not coming under the above two classes are made punishable as per section 511.

Whether word Mensrea is mentioned u/ IPC?

Ans: No, the word mensrea has not been expressly mentioned under the code but it is implied through various words. They are fraudulently, dishonestly, voluntarily, rashly and negligently.

What is meant by Wrongful gain and Wrongful loss?

Ans: S: 23: of IPC defines Wrongful gain and wrongful loss. Wrongful gain is gain by unlawful means of property to which the person gaining is not legally entitled. Wrongful loss is loss by unlawful means of property to which the person losing it is legally entitled. The gain or loss must be material and not remote.

Explain about the term fraudulently and dishonestly?

Ans: S: 25 of IPC talks about fraudulently. The expression defraud involves two elements, viz., deceit and injury to the person deceived.

S: 24 talks about dishonestly. It says whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing dishonestly.

What is the difference between fraudulently and dishonestly?

Ans: 1. A dishonest act is not necessarily a fraudulent act and whereas Fraudulent involves deception necessarily while dishonestly does not.

2. Dishonestly necessarily involves the idea of injury to the property as well as injury of every other kind i.e., injury to body, mind or reputation.
3. A dishonest intention is intention to cause loss of specified property belonging to a particular person. Fraudulently on the other hand refers to injury in respect of unspecified property, to unknown and unascertained persons.

Deception is essential for fraud but not for dishonesty. An act may be dishonest & yet not fraudulent.

Deception: the act of deliberately making some one believes something is true.

What is the term mean voluntarily?

Ans: S.39 defines this term. In ordinary senses the word voluntarily means an act done without influence or compulsion. The words as used in S39 takes into account not only intention but also knowledge and reasonable grounds of belief.

What is meant by rashly, negligently and Good faith?

Ans: The words rashly and negligently have been used in sections 279, 280, 283, 289, 304A, 336 to 338. Rashly means doing of an overhasty act without due deliberation and caution. Negligence means not taking due care and caution or precaution required by law. According to S.52 of IPC the term Good faith means doing any act due care & caution. It is always a question of facts to be determined in accordance with the proved facts & circumstances of each case.

Who is a Public servant?

Ans: The term public servant is defined in section 21. The following are public servants:- 

1. Commissioned Officers in Military, Naval or Air force, Every Judge.

2. Officer of a Court of justice.

3. Arbitrator.

4. People empowered to place or keep any person in confinement.

5. Peace officers.

6. Miscellaneous Officers of Govt.

7. Officers of local bodies.

8. Persons connected with elections.

9. Persons in the service or pay of the Govt or local authority or corporation or govt companies.

What is meant by Counterfeit?

Ans: According S.28 a person is said to counterfeit who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced. Explanation: I: It is not essential to counterfeiting that the imitation should be exact.

Explanation: II: When a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby, it shall be presumed, until contrary is proved that the person so causing the one thing to resemble the other thing intend by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.

What is the term meant illegal and injury?

Ans: S: 43: Illegal: 1) Offence or     2) An act or omission which is prohibited by law or                                                3) Anything which furnishes ground for civil action.

S: 44: Injury: The word injury denotes any harm whatever illegally caused to any person in body, mind, reputation or property.

What is the term mean Harbour?

Ans: According to S.52A, defines the term Harbour. It says except in S.157 & in S 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word harbour includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means whether of the same kind as those enumerated in this section or not, to evade apprehension.

BODILY OFFENCES:

What is Force? (S.349IPC)

Ans: Changing State of thing or person from rest or motion or motion to rest in any of the ways: 1) Bodily power, 2) With aid of substance 3) By inducing any animal to move

What is Criminal Force? (S.350 IPC)

Ans: Intentionally using force against other without his consent with an intent to commit offence or cause injury, fear or annoyance to that person.

Ex: Karan incites a dog to spring upon Shekar, without Shekar’s consent. Here if Karan intends to cause injury, fear or annoyance to Shekar, he uses criminal force to Shekar.

What is Assault? (S.351)

Ans: If the accused made a gesture or preparation to use criminal force and same the same was made in the presence of the person in respect of whom the said gesture or preparation is made. And the accused by the use of such force or gesture intends that would cause that other person to apprehend that criminal force and it did cause in the mind of the other person, then offence assault is said to have been committed.

Ex: Aneel begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby causes Shekar to believe that he is about to cause attack Shekar. Aneel has committed an assault upon Shekar.

What is Wrongful restraint and Wrongful confinement?

Ans: S.339 says Wrongfully Obstructing or preventing a person to move in a direction in which he has right to move. S.340 says Wrongfully Obstructing or preventing a person to move  beyond certain circumscribed limits direction in which he has right to move.

What is kidnapping and Abduction? (S.359IPC)

Ans: S.359 says Kidnapping means taking or enticing any minor (less than 16 years for a male and less than 18 years for a female) or any person of unsound mind, out of the keeping of, and without the consent of a lawful guardian.

S.362IPC says Abduction means compelling by force or inducing by any deceitful means any person to go from any place.

What is Hurt and Grievous Hurt?

Ans: Hurt is defined under S.319, it says Whoever cause bodily pain, disease or infirmity to any person is said to cause hurt.

Grievous Hurt (S.320): The following kinds of hurt only designated as grievous.

First- Emasculation

Secondly-Permanent privation of the sight of the either eye

Thirdly- Permanent privation of the hearing of either ear

Fourthly- Privation of any member or joint, or

Fifthly- Destruction or permanent impairing of the powers, of any member or joint

Sixthly- Permanent disfiguration of the head or face

Seventhly- Fracture or dislocation of a bone or tooth

Eighthly-Any hurt which endangers life or which causes the sufferer to be during the space of 20 days in severe bodily pain, or unable to follow his ordinary pursuits.

PROPERTY OFFENCES:

What are the elements of Offence of theft?

Ans: Theft: In order to constitute offence under this section following ingredients must be proved :

(i) Moving a movable property of a person out of his possession without his consent.

(ii) The moving being in order to the taking of the property with a dishonest intention. Thus the absence of person‘s consent at the time of moving and the presence of dishonest intention in so taking and at that time, are the essential ingredients of the offence. Temporary retention of the property is an offence.

What are the elements of Extortion(S.383)?

Ans: The person charged must intentionally put the victim in fear of injury either to himself or some other person whom victim is interested and thereby dishonestly induces the person to deliver property or valuable security.

What is the difference between theft and extortion?

Ans: Theft & extortion (S.378, 379 383 & 384): a) In the theft the property is taken away without the consent of the owner. Extortion is committed with consent of the owner which is not given freely.

B) In the case of theft only the movable property can be a subject matter of theft. In the case of extortion movable as well as immovable property may be a subject matter of theft.

c) In case of theft there is no element of force. In extortion the property is obtained by putting a person in fear of injury either to himself or another to deliver the property.

D) Theft becomes robbery when the offender while committing theft causes to any person death or hurt or wrongful restraint or attempt to cause the same. Extortion becomes robbery when the offender while committing extortion puts any person in fear of instant death or instant hurt or instant wrongful restraint to that person.

E) In theft there is no deliver of property unlike in extortion.

When theft is robbery?

What is the difference between robbery based on theft & extortion?

Ans: In robbery based on extortion the entire menace (threat or danger) is precedes the delivery of property.  In robbery based on theft the use of violence may be before or after the delivery of property. In sum: Robbery = Theft + violence or fear of instant violence. Robbery: Extortion + Presence of offender + fear of instant violence + immediate delivery. Violence: death, Instant (Sudden) Death or Wrongful restraint or hurt.

What is the difference between Robbery and Dacoity?

Ans: Sections 390 and 391 IPC: All Dacoities are Robberies, but all Robberies are not Dacoties. When Robbery is committed or attempted to be committed by 05 or more persons then Robbery becomes Dacoity. Therefore Robbery can be committed even by single person, while for Dacoity at least 05 persons are required.

What is cheating?

Ans: Cheating: S: 415: Whoever, by deceiving any person fraudulently or dishonestly induces the person so deceived to deliver any property to any person to consent that any person shall retain any property or intentionally inducing that person to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission could likely to cause damage or harm to that person in body, mind, reputation or property.

Explanation: A dishonest concealment facts is a deception within the meaning of this section.

Comment: There are two parts u/s.415. Part-I deals only property. Part-II deals injury. Thus it can be body, mind, reputation or property. In the first part, loss of property is either due to dishonest or fraudulent action. In the second part the injury is sustained due to intentional inducement by the act of deception.

Part-I: Whoever, by deceiving any person fraudulently or dishonestly induces the person

so deceived to deliver any property to any person to consent that any person shall retain any property is called as an act of cheating.  It is punishable u/S.420 IPC.

Part-II: Whoever, intentionally induces another to do an act or omission and as a result of such deception, victim sustained damage, harm to mind, body or reputation or property is called cheating. It is punishable u/S.417 IPC.

What is the difference between Cheating & Extortion?

Ans: Section 415, & 384 IPC: The primary object offence of cheating and extortion is wrongful gain of property. In both the cases property is removed with the consent of the owner. However in cheating the consent is obtained by fraud, whereas in extortion the consent is obtained by fear.

What is meant by Criminal breach of trust?

Ans: In order to constitute the offence, it must be established that the accused was entrusted with the property of another and that he dishonestly misappropriated it or converted it to his own use. That is to say, it must be proved that the beneficial interest in the property in respect of which the offence is alleged to have been committed was vested in some person other than the accused, and that the accused held that the property on behalf of that person.

What is meant by Criminal misappropriation of property?

Ans: There must be dishonest misappropriation or conversion of property for a person‘s own use; & such property must be movable.

Ex: Karan takes the property belonging to Shekar out of Shekar‘s possession in good faith believing at the time he takes it, that the property belongs to him. Karan is not guilty of theft, but if Anil after discovering his mistake misappropriates the property to his own use, he is guilty of an offence under this section.

What is stolen property (S.410)?

Ans: The property, the possession of which has been obtained by theft, extortion, robbery, dacoity or property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed is termed as stolen property, if it comes into the possession of the person, who is legally entitled to the identity of stolen property should not lost after coming into the possession of the accused. So long as the article remains the same in substance though it is altered doesn‘t cease to be stolen property.

What is Criminal trespass (S.441)?

Ans: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby intimidate, insult or annoy any such person or with intent to commit an offence is said to commit C.T.

What is House trespass and Lurking House Trespass?

Ans: House trespass: (S.442): Whoever commits C.T. by entering into or remaining in any building, tent or vessel used as a human dwelling, tent or any building used as a place of worship, or as a place for the custody of property, is said to commit H.T. The introduction of any part of the C.T’s body is sufficient to constitute H.T.  

Lurking House tress pass: S.443: If any person commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”. If such Lurking house-trespass is committed after sunset and before sunrise it is called “lurking house-trespass by night” (S.444).

What is House Breaking?

Ans:Section 445 IPC: A person is said to commit house breaking who commits house trespass, if he effects into the house or any part of it in any of the six ways hereinafter described; or if being in the house or any part of it for the purpose of committing an offence; or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:

1. By entering and quitting through a passage made by himself.
2. By entering or quitting by opening any lock.
3. By entering and quitting by opening a passage by any means which the occupier has not intended.
4. By entering and quitting through a passage not intended by any person other than the offender for human entrance or through any passage through which he gains access by scaling or climbing over any wall or building.
5. By entering and quitting by using criminal force or committing an assault or threatening any person with assault.
6. By entering and quitting any passage by unfastening the passage.

What is forgery?

Ans: Forgery: S: 463: Whoever makes a false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed commits forgery.

Forgery= False Document (Full or Part): Fraudulent intention + Damage or injury (or support any title or claim or part with property of any person) + to any person or public.

Write a note on Perjury?

Ans: Perjury (False evidence) (S.191): To constitute offence under this section following conditions are required to be fulfilled: A person must be legally bound by an oath or by an express provision of law to state the truth or to make any declaration upon any subject but he makes a false statement, knowing or believing it to be false or does not believe to be true and he is said to be giving false evidence.

Ex: Aneel in support of just claim which Shekar has against for one Rs100/-, falsely swears on a trial that he heard Shekar admitting the justice of Shekar’s claim. Aneel has given false evidence.

What is meant by fabricating false evidence?

Ans: Fabricating False evidence: S: 192: A person is said to be fabricating false evidence if he

(i) Causes any circumstances to exist

(ii) Makes any false entry in any book or record

(iii) Makes any documents containing a false statement intending such circumstances false entry or false statement may:

(a) appear in evidence                                          

 (b) judicial proceeding or                        

(c) a proceeding taken by law before public servant or an arbitrator and causes in such proceeding is to form an opinion upon evidence to entertain an erroneous opinion touching any point material to the result of such proceeding.

MARRIAGE OFFENCES:

What are the offences relating to marriage?

Ans: The offences relating to marriage are dealt under Section 493 to 498.

1. S.493 IPC: If a Man by way of Deception marries a woman knowing that she is not thereby lawfully married and had sexual intercourse with her, he is punishable.

2. S.496 IPC: If a male or female undergoes a marriage ceremony knowing that she or he is not thereby lawfully married and underwent this marriage either dishonestly or fraudulently is punishable under this section. Thus the offender can be Male of female who married the vitim.

3. Bigamy: 494 to 496: Marrying again during the subsistence of marriage by any of the spouse is known as Bigamy. To this rule there are three exceptions:     (i) if the marriage is dissolved by a court of law                      (ii) or if nothing is heard of other spouse for a continuous period of seven years or                                            (iii) it is not contrary to any personal law.

4. Adultery: 497: If a man has a sexual intercourse with a lady, having reason to believe that the lady is wife of another person, it amounts to committing the offence of adultery. It is also be stated that such sexual intercourse must be without the consent or connivance of the husband of the lady and the sexual intercourse doesn‘t amount to the offence of rape. The male offender alone has been made liable to punishment.

5. Seduction or Criminal elopement: 498: Taking or enticing away a married woman for the purpose of having sexual intercourse with her is known as seduction. The taking or enticing should be from the control of the husband or any other person who is having control on behalf of the husband. The man is liable for the offence even if the woman voluntarily accompanies him.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  What are the ingredients of 498A of IPC?

Ans: Section 498A defines as follows: Whoever being the husband or relative of the husband of women , subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation: For the purpose of this section Cruelty means:-

1.  Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause such grave injury or danger to life limb or health (whether mental or physical) of the woman;
2. Harassment or coercion of the women to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Section 498A can be invoked whether the woman is alive or dead. The period of her married life is not material. But when the women dies of cruelty by committing suicide and the prosecution wants to invoke 113A of IEA to make the husband or his relation liable as abettor, the suicide must have been committed within seven years of marriage.

What is Defamation?

Ans: 499 IPC defines Defamation and S.500 prescribes punishment.

S.499 has four explanations and ten exceptions.

S.499 says If a person imputes anything to another with intend to harm the reputation of such other person is said to be defamation. Such imputation can be done either spoken or intended to be read, or by signs or by visible representations, makes or publishes.

Explanations: The First explanation deals with defamation of a deceased man and the 2^nd one deal with defamation against company.  The 1^st explanation says imputing anything to deceased person is defamation in the following circumstances:

a) If imputation harms the reputation of that dead person, if living.

b) If it is intended to be hurtful to the feelings of his family or other relatives.

The 2^nd explanation says if an imputation is made against a company or an association or collection of persons it amounts defamation.

The 3^rd explanation says an imputation in the form of an alternative or expressed ironically, may amount to defamation. (Innuendo).

The 4^th explanation says in order to constitute defamation it must lower the reputation of alleged aggrieved in the eye of public or persons known to him.

Exceptions: There are ten exceptions to the section. These exceptions provide privileges available in case of defamatory statements and burden to prove them, lies on the person who claims the benefit.

Ex.1: Imputation of truth which public good required to be made or published.

Ex.2: Public conduct of public servant

Ex. 3: Conduct of any person touching any public question

Ex. 4: Publication of reports of proceedings of courts

Ex.5: Merits of cases decided in courts or conduct of witnesses or other concerned

Ex.6: Merits of public performance

Ex.7: Censure passed in good faith by the person having lawful authority over another

Ex.8: Accusation preferred in good faith by person for protecting of his others interests.

Ex.9: Imputation made in good faith by person for protection of his or others interests.

Ex.10: Caution intended for good of person to who conveyed or for public good.

What is meant by Criminal intimidation?

Ans: S. 503 defines Criminal intimidation. Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do or omit t do any act which that person is legally entitled to do, as the means of avoiding this execution of such threat, commits criminal intimidation.

Ex: Rajeev for the purpose of inducing Deepak to desist from prosecuting a civil suit threatens to burn Deepak’s house. Rajeev is guilty of criminal intimidation.

Intimidate: Putting a man into fear with a view of inducing him to enter into a contract or to money or to do or to abstain from doing some act.

Write a short note on Attempt to commit offence?

Ans: According to S. 511of IPC Whoever attempts to commit offence punishable by this code with imprisonment for life or imprisonment shall, where no express provision is made by this code, for the punishment of such attempt be punished with imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment for life or as the case may be ½ of the longest term of imprisonment provided for the offence or with such fine as its provided for the offence, or with both.

What is mean by Unlawful Assembly?

Ans: Unlawful Assembly (149IPC): The principle behind this section is to discharge disorderly assemblage of men and thereby preserving the public peace. An unlawful assembly is an assembly of five or more persons if their common object is:

1. To overawe by criminal force or show criminal force to central or  any state government or parliament or legislature of any state or any public servant in exercise of the lawful power of such public servant or

2. To resist the execution of any law or legal process

3. To commit any (i) mischief      (ii) criminal trespass or other offence

4. By means of criminal force or show of criminal force or obtain possession of any property of any person or deprive any person a right of way, the use of any water, other incorporated rights of which he is in possession or enjoyment or to enforce any right or support right or to compel any person by means of criminal force or show of criminal force to do what he is not legally bound to do or omit to do what he is legally entitled to.

Write difference between Rioting and Affray?

Write a short note on General Exceptions?

Ans: Section 76 to 106 of the IPC deals with general exceptions. These exceptions are categorized in the following ways:

1. Mistake of fact: Law excuses even if one commits an offence due to mistake of fact or believing that he is justified under law but not by reason of mistake of law. Mistake of law ordinarily means mistakes as to the existence of any law on a relevant subject. Example: In R v/s Tolson Tolson was acquitted of bigamy as what she did on a reasonable belief that her husband had died. So her act of remarriage was mistake of fact. Mistake of fact may be happened due to forgetfulness, ignorance, imperfect information. To get the benefit of these sections, the accused must have acted in good faith.

2. Judicial Acts: Offence committed by a judge when acting judicially in the exercise of any power which he is, or which in good faith he believes to be given to him by law is excused. This benefit applies to persons who act under the court judgment or order.

3. Accident: Accident means an unintentional or unexpected act. If an offence is committed by a person due to accident but without any criminal intention or knowledge he is exempted from criminal liability. Ex: A is at work with hatchet, the flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A his act is excusable and not an offence.

4. Necessity: If an act is done voluntarily but in good faith and without any criminal intention to cause harm, for purpose of preventing a greater evil. Example: A, in great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Thus harm is excused as it was found to be greater danger and it was imminent as to excuse A’s act. The land mark judgments:R Vs. Dudley Stephnes (1884)14QBD. Bishamber Vs.Roomal AIR 1951 All.H.C: Necessity is a question of fact.

5. Infancy: It provides exemption to children from criminal liability. It is of two kinds. If a child below seven years commits an offence he will be fully exempted from criminal liability. It is presumed that the child below the age of seven years cannot have mensrea (Doli incapx). However, if the child is above seven years and below twelve years he is exempted to liability subject to one condition i.e., he/she does not have sufficient maturity of understanding.

6. Unsoundness of mind: S.84 IPC talks about it. The term unsoundness of mind means incapability of distinguishing right or wrong. This situation may arise due to variety of reasons. They are: Insanity, mania, hallucination. It must be mentioned that the term unsoundness of mind is synonymous to insanity. A lunatic, Idiot, person with mental sickness are also called as insane persons. Insanity is a kind of mental derangement.

S.84 says if a person of unsound mind commits any offence punishable under IPC is exempted from criminal liability. As per S.105 the person who claims benefit of S.84 burden lies on him. The rules relating to insanity are explained in R v. M.C. Naughten case:

1) Every person is supposed to be sane. Thus every one possesses capability of distinguishing right and wrong.

2) It must be established by the accused that at the time of commission of occurrence of offence he was insane or the person of unsound mind.

3) Insanity or unsoundness of mind is always a question of fact.

4) It is for the judge to decide whether person is insane or unsound at the commission of offence.

7. Doctrine of Consent: Consent refers to an act of reason made after due deliberation and thought by weighing good and bad, pros and cons. It can be studied from five kinds:                                                                   I. Act done by consent in good faith for a person’s benefit (S.88).                                                                                     II. Act done in good faith for benefit of child or insane person (S.89).

           III. Legal Consent (S.90),

           IV. Implied consent (S.92)

Consent: An act is not an offence if harm is caused to a person of eighteen years above provided consent is given. However, such consent shall not be given so as to cause either death or grievous hurt.

1. Act done by consent in good faith for a person’s benefit (S.88): If an act is not intended to know to be likely to cause death, done in good faith by consent of the person to whom harm is caused for his benefit is not an offence. Thus this section provides protection to doctors and surgeons. If the doctor is not qualified or applies the wrong medicine the consent is not one obtained in good faith.
2. Act done in good faith for benefit of child or insane person (S.89): S.89 extends of IPC extends the provisions of S.88 to the cases of infants under 12 years of age and to person of unsound mind when consent is given by their parents or guardians within the permissible limitations.
3. Legal Consent (S.90): S.90 IPC the consent is not legal: a) Consent given by a person under fear or injury or under a misconception of fact; b) Consent by insane or intoxicated person ; c) Consent by a child under 12 years age.
4. Implied consent (S.92): If a harm is caused in good faith to a person without that person’s consent under the following circumstances:-a)If it is impossible to obtain that person’s consent. b)If that person is incapable of giving consent (being an infant or a lunatic). If no guardian or other person in lawful charge of him is present, ay harm caused to such a person for his benefit under the above circumstances is justified u/S.92IPC.

Write a short note on Right of Private defence?

Ans: S.96 to S.106 of IPC talks about right of private defense (RPD). If an offence is committed in exercise of right of private defence (RPD) he is exempted from criminal liability. RPD is available not only against one’s own body and property but also against others body and property. However, in case of property offences it applies to certain offences like: Theft, Mischief or Criminal trespass or in attempt to commit to those offences.  It can be exercised even if may cause any harm to insane or child or intoxicated person or one suffering under misconception of facts.

Limitations: In exercise of RPD one can’t cause more harm than necessary. There is no RPD if assistance of public authorities can be secured.  The RPD against body commences as soon as reasonable apprehension of danger to body arises and RPD continues to exist as long as it exists.

Right to cause death in case of offence bodily offences: In exercise of RPD one may cause death in certain Circumstances:  Assault which reasonably cause apprehension of death or grievous hurt or rape or unnatural offence or kidnapping or abduction or wrongful confinement if RPD is not exercised.

Right to cause death in case of offence Property offences: 1) Reasonably apprehension in mind that death or grievous hurt would be consequence if RPD is not exercised.

2) Robbery, house-breaking by night, mischief by force to any building, tent or vessel used for the purpose of dwelling or custody of the property. In this category apprehension in the mind of person exercising RPD is not necessary.    .

Commencement of RPD in case of body and its duration:

Theft: It continues and ceases till the offender retreat (move away) with the property or if property is recovered before retreat. If assistance of public authorities is obtained it ceases.

Robbery: It continues when the offender caused or attempts to cause any person death or hurt or wrongful restraint or as long as the fear of instant death or hurt or personal restraint continues.

Criminal trespass or mischief: The right continues as the offender continues to be in the commission of criminal trespass or mischief.

Write a short note on abetment?

Ans: It is dealt under S.107 to 120:

A person is said to abet another to do a thing if he instigates him, or if he engages with one or more others in any conspiracy of if he intentionally aids by any act or illegal omission, the doing of that thing.  Thus offence of abetment can be committed by instigation, conspiracy or intentional aid. The abetment of abetment is also an offence.  A person who abets the commission of the offence is known as abettor.  Person who acts in accordance with direction of abettor is called abettee. Further, Doing anything in order to facilitating the commission prior or at the time of commission of the act is said to be abetment.

The abetment of the illegal omission of an act may amount to an offence although is not bound to that act. Even though abettee is a minor or unsound person, abettor is said to commit the offence if abetment. It is sufficient he is connected with such illegal act or connection. To Constitute abetment of conspiracy, the abettor need not concert (performance) the offence with the person who commits it. It is sufficient if he engage in the conspiracy in pursuance of which the offence is committed. S.110 says if the intention or knowledge of the person abetted is changed, it doesn’t affect the liability of the abettor.

S.111 says if the act is abetted and a different act is done, the abettor is liable provided that act done was a probable consequence of the abetment. S.112 says if additional act apart from the act abetted, the abettor is liable for both the offences.  S.113 says if one act is abetted but different act is resulted abettor is liable provided he knew that the act abetted was likely to cause that effect.

S.114 says if the abettor is present at the scene where the offence is committed, he will be treated as principal offender.

 Difference between Abetment by conspiracy and Criminal Conspiracy?

Distinguish between Common object & Common Intention (S.149 & 34 IPC)?

 Write a short note on Dowry death?

Ans: Dowry death S.304B: If the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death and such husband or relative shall be deemed to have caused her death.

What is culpable homicide? When it amounts to murder?

Ans: Culpable homicide means one human being killing another human being. All murders are culpable homicide but all culpable homicides are not necessarily murders. There are two classes of culpable homicides:

a) Culpable homicide amounting to murder known as simply murder.

b) Culpable homicide not amounting to murder (s.299 IPC). Criminal intention or knowledge is the necessary ingredient. However, the difference lies in the degree of criminality as manifested by the act. In murder, there is greater intention or knowledge than culpable homicide not amounting murder. There is a third form of culpable homicide where death follows from rash or negligent act i.e. crushing a man to death by rash driving.

How can we say culpable homicide amounts to murder?

Ans: S.300 of the IPC says culpable homicide becomes murder under following circumstances:

Firstly, 300(1) The act itself caused death and it is done with the with the intention of causing death.  Ex for M: A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

Secondly, 300(2) The offender intentional caused bodily injury and it is likely to cause death. Further, he has knowledge that injury is adequate to cause death having regard to health status of the victim.

Ex: A person, who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Here offender has knowledge about health status of the victim.

Thirdly, S.300(3)The offender intentional caused bodily injury and it is likely to cause death.  Further, the injury in­flicted is sufficient in the ordinary course of nature to cause death. if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death;

Fourthly, 300(4) The offender knows that act he has caused is likely to cause to death. Moreover, the act he has caused is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death. Furthermore, he should commit such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Ex: A without any excuse fires loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.