case laws sections

Question 1

culpable homicide amounting to murder

Answer 1

300

Question 2

culpable homicide not amounting to murder

Answer 2

299

Question 3

exceptions for section 300

Answer 3

grave and sudden provocation
exceeding the right to private defence
public servant exceeding his powers
sudden fight
death by consent

Question 4

difference between murder and culpable homicide discussed in

Answer 4

Reg v Govinda

Question 5

culpable homicide is the genus and murder is the specie

Answer 5

rampal singh v state of UP

Question 6

grave and sudden provocation case law

Answer 6

KM Nanavati v State of Maharashtra

Question 7

culpable homicide punishment

Answer 7

under 304
with intention: life imprisonment, up to ten years plus fine
with knowledge: life imprisonment, up to ten years or fine or both

Question 8

two types of kidnapping

Answer 8

sec 359

Question 9

kidnapping from india

Answer 9

360

Question 10

kidnapping from lawful guardianship

Answer 10

361

Question 11

abduction

Answer 11

362

Question 12

diff between abduction and kidnapping

Answer 12

abduction has an element of force and/or deceit

Question 13

when is abduction an offence

Answer 13

when it is combined with intent (364-369)
to murder, for ransom, to confine a person, to compel a woman for marriage, subject to grievous hurt or slavery, abduct a child to steal from their person

Question 14

extortion (sec + definition)

Answer 14

section 383
intentionally put any person in fear of injury to that person or to any other and thereby dishonestly induces the to deliver to any person any property, or valuable security

Question 15

Valuable security defined under

Answer 15

sec 30
document related to a legal right

Question 16

injury which sec

Answer 16

44
illegal harm to person in body mind reputation or property

Question 17

extortion punishment

Answer 17

three years, fine or both

Question 18

tukaram v state of maharashtra

Answer 18

custodial rape case
said girl didnt resist and is habituated to sex so its not rape
resulted in criminal law amendment act 1983
burden of proof of proving consent was there is on the accused
custodial rape bought under the purview of rape disclosing the identity of the victim is punishable (S. 228 A)

Question 19

Nirbhaya case

Answer 19

resulted criminal law (Amendment) Ordinance, 2013
based on the recommendations of Justice Verma committee
increased punishments for rape, increased punishment for voyeurism, acid attacks etc
stricter provisions for registering complaints for rape
bill of rights for women which gives dignity and respect to women for their sexual choices

Question 20

Kathua rape case

Answer 20

resulted in criminal law amendment 2018
harsher punishment for rape, min punishment increased from 7 to 10 years
gang rape below 16 life imprisonment
below 12- min 20 years up to death penalty
provisions for speedy trial and appeals
no provision for anticipatory bail
if diff punishments in ipc and pocso then higher punishment will be given

Question 21

rape section

Answer 21

375

Question 22

inclusion of all kinds of penetration

Answer 22

Sakshi v UOI

Question 23

punishment for rape

Answer 23

376
10 years to life imprisonment
rape of minor- 20- life and fine paid to victim

Question 24

common intention

Answer 24

sec 34

Question 25

common object

Answer 25

sec 149

Question 26

common intention case

Answer 26

barendra kumar ghosh v king emperor (post masters case)

Question 27

Acts done in furtherance of common intention is also common intention

Answer 27

shankar lal v state of gujrat

Question 28

on spot meeting of minds

Answer 28

krishna govind v state of maharashtra

Question 29

similar intention not the same as common intention

Answer 29

pandurang v state of Hyderabad

Question 30

if common intention is not there what applies

Answer 30

sec 38

Question 31

unlawful assembly

Answer 31

sec 141

Question 32

pre concert of minds is not required in unlawful assembly

Answer 32

moti das v state of bihar

Question 33

mistake of fact (bound by law)

Answer 33

76

Question 34

justified by law to do an act

Answer 34

79

Question 35

accident plus case law

Answer 35

80 jogeshar v emperor (baby punching case)

Question 36

necessity sec

Answer 36

81

Question 37

doli incapax

Answer 37

82

Question 38

doli capax

Answer 38

83

Question 39

doli capax case law

Answer 39

ulla mahapatra v king

Question 40

act of a person of unsound mind

Answer 40

sec 84

Question 41

M'Naughten case

Answer 41

man was delusional, killed secretary of PM medical evidence of legal insanity required man will be assumed to be sane unless proven otherwise

Question 42

intoxication caused against his will

Answer 42

85

Question 43

offence requiring a particular intent or knowledge committed by one who is intoxicated

Answer 43

86

Question 44

act done on person without their consent but in good faith (eg doctors)

Answer 44

92

Question 45

volenti non fit injuria

Answer 45

87

Question 46

Private defence case law

Answer 46

Munney Khan v State cant exercise private defence if there is sufficient time should be reasonable apprehension of hurt force used should not be more than reasonable required

Question 47

force used should not be more than reasonable required

Answer 47

Rafiq v state of Maharashtra

Question 48

nothing is an offence which is done in the right of a private defence

Answer 48

sec 96

Question 49

right to priv defence over body and property

Answer 49

97

Question 50

priv defence against person of unsound mind

Answer 50

98

Question 51

acts against which there is no right to private defence

Answer 51

99

Question 52

private defence of body amounting to death

Answer 52

100

Question 53

private defence of property amounting to death

Answer 53

103

Question 54

right to private defence against deadly assault when there is risk to an innocent

Answer 54

106

Question 55

Hurt defined and essentials

Answer 55

319 bodily pain, disease and infirmity

Question 56

punishment for hurt

Answer 56

323 324 by dangerous weapon

Question 57

grievous hurt defined

Answer 57

320

Question 58

punishment for grievous hurt

Answer 58

325 326 by dangerous weapon

Question 59

grievous hurt conditions

Answer 59

emasculation loss of eyesight loss of hearing privation of any member of joint destruction or permanent impairing of the power of any member or joint permanent disfiguration of head or face fracture of bone or tooth endanger life or severe pain and not able to do daily functions for 20 days

Question 60

very thin line b/w grievous hurt which endangers life and culpable homicide

Answer 60

laxman v state of maharashtra

Question 61

which section defines person

Answer 61

section 11

Question 62

criminal conspiracy

Answer 62

sec 120

Question 63

IPC enacted

Answer 63

6th oct 1860

Question 64

IPC enforced

Answer 64

1st Jan 1862

Question 65

death only in the rarest of the rare cases

Answer 65

bachhan singh v state of punjab

Question 66

essentials of a crime

Answer 66

person mens rea actus reas injury

Question 67

stages of a crime

Answer 67

intention (not punishable) Prep (not punishable as a general rule) Attempt (punishable) Commission (Punishable)

Question 68

what prep stages are punishable

Answer 68

wage war, counterfeit coins and stamps, manipulating wealth, dacoity, possession of false documents

Question 69

inchoate offences

Answer 69

attempt, criminal conspiracy, abetment

Question 70

there is an element of encouragement or support when there are more people (case law)

Answer 70

Devendar Pal Singh v State NCT of Delhi

Question 71

Abetment

Answer 71

section 107

Question 72

very thin line between prep and attempt

Answer 72

abhaynand mishra v state of bihar

Question 73

tests of attempt

Answer 73

proximity test Locus poenitentiae test equivocality test attempt to do an impossible act social danger test

Question 74

proximity test case

Answer 74

state of maharashtra v mohd yakob (how close you are t committing the crime)

Question 75

locus poenitentiae test case

Answer 75

Mulkiat singh v state of punjab (backing out at the last moment)

Question 76

Equivocality test

Answer 76

indicated unequivocally the criminal intention to accomplish the criminal object abhaynand mishra v state of bihar

Question 77

attempt to do an impossible act

Answer 77

still punishable

Question 78

social danger

Answer 78

attempt that affects the society at large eg- abortion w/o permission

Question 79

essential ingredients of extortion case law

Answer 79

Dhananjay v state of bihar

Question 80

offences against property which chapter

Answer 80

11

Question 81

theft defined under

Answer 81

378

Question 82

one need not take the property out of possession permanently, even if they intended to return it later it is theft (case law)

Answer 82

Pyare Lal Bhargava v State of Rajasthan

Question 83

essentials for theft case law

Answer 83

KN Mehra v State of Rajasthan

Question 84

essentials of theft

Answer 84

accused must have intention to take property away from the victim property should be movable property must be taken out of possession with dishonest intention act of taking away must be done without consent of the person property to actually be moved

Question 85

criminal misappropriation of property

Answer 85

sec 24 intentional conduct that causes unlawful gain or loss to another person

Question 86

define misappropriation

Answer 86

appropriation of property with dishonest intent for the purpose of capitalising it for one's own benefit this evolved from the concept of theft

Question 87

essentials of criminal misappropriation of property

Answer 87

intention to deceive must use it for personal use complainant owned the movable property

Question 88

punishment for criminal misappropriation of property

Answer 88

403

Question 89

Robbery

Answer 89

sec 390 two types theft that turns into robbery and extortion that turns into robbery

Question 90

punishment for robbery

Answer 90

392

Question 91

dacoity

Answer 91

391 when 5 or more people commit or attempt to commit robbery

Question 92

in a dacoity the persons should be acting conjointly

Answer 92

Om Prakash v State

Question 93

abetment defined in which case

Answer 93

sanju v state of madhya pradesh aid, assist, give aid, to order, obtain, or counsel, or encourage etc someone to commit a crime

Question 94

group liability

Answer 94

149