Answer Key Criminal Law - Ii

ANSWER KEY FOR CRIMINAL LAW - II
END TERM EXAMINATION, APRIL, 2019
Q.1. Material Facts and Issues

Question of law: Whether the accused had done a culpable act? If so, whether it was done
with a culpable mensrea? If both elements are present, what offence/s have they committed?
Arguments on behalf of prosecution and defence:

Points for consideration:
 Establishing the causation.
 Identification of the offence.
 The elements of the offence along with the necessary case law.
 Possibility of negating the mensrea and absence of ill will towards the deceased –
possibility of claiming either general or specific defence – arguments for defence.
Decision:
 Points for consideration:
 Identification of the appropriate offence.
 Establishing the elements with the aid of appropriate judicial precedents.
 Marks to be awarded on clarity and logical coherent line of argument of the examinee.
 Marks for extra points for all three sub questions.
Q.2. Material facts and Issues.

 Identification of offences: Criminal Trespass, Dacoity with murder and Murder (Ss.
396 r/w 302).
 Kalika Tiwari v. Vijay Bahadur Rai/State of Bihar AIR 1997 SC 2186 OR any other
relevant judgment.
 Defences of Exceeding right of private defence – absence of intention/knowledge to
cause death.
 Marks to be awarded on clarity and logical coherent line of argument of the
examinee.
 Marks for extra points.
Q.3. Points for consideration:

 Meaning of Culpable homicide and Murder explaining the difficulty in distinguishing
the two offence.
 Importance of causation.
 Distinction between each clauses.
 Case Law: Regina v. Govinda (1876) ILR 1 Bom. 342 and State of A.P. v. R.
Punnayya AIR 1977 SC 45
Rampal Singh v. State of Uttar Pradesh (2012)3 SCC 860
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Vasanth v. State of Maharashtra AIR 1998 SC 699
Kalarimadathil Unni v. State of Kerala AIR 1960 SC 1874
Rattan Lal v. State of M.P (2000)2 SCC 627
Virsa Singh v. State of Punjab AIR 1958 SC 465
Govindaswamy v. State of Kerala AIR 2016 SC 4299
Anda & Ors v. State of Rajasthan AIR 1966 SC 148
Labha v. State of Uttaranchal
Q. 4A. Points for consideration:

 No offence under Indian penal Code, 1860 committed
 No criminal intimidation or extortion as the threat put forward must be one which
can be put into execution by the person threatening either himself or through
someone else – Doraiswamy Ayyar (1924)48 Mad. 774
 Marks to be awarded on clarity and logical coherent line of argument of the examinee
4 B. Points for consideration:

 Possible offences: Theft, attempt to voluntarily cause hurt or grievous hurt,
dishonestly breaking open receptacle containing property, house trespass.
 Marks to be awarded on clarity and logical coherent line of argument of the examinee
Q.5A. Justify the statement given.

Points of distinction:
i. Difference in definition
ii. Nature of the crime: result and conduct crime
iii. Requirement of death
iv. Relevance of dowry as a cause
v. Nature of injury
vi. The relation of the perpetrator to the victim
vii. Continuing offence
viii. Evidence law provision applicable
ix. Punishment
B. Points for consideration:

 Meaning of the phrase “soon before death” in the light of the relevant principles laid
down in Kashmir Kaur v. State of Punjab AIR 2013 SC 1039 which are as
follows:
1. To attract the provisions of Section 304B IPC the main ingredient of the offence to be
established is that soon before the death of the deceased she was subjected to cruelty and
harassment in connection with the demand of dowry.
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2. The death of the deceased woman was caused by any burn or bodily injury or some other
circumstance which was not normal.
3. Such death occurs within seven years from the date of her marriage.
4. That the victim was subjected to cruelty or harassment by her husband or any relative of
her husband.
5. Such cruelty or harassment should be for or in connection with demand of dowry.
6. It should be established that such cruelty and harassment was made soon before her death.
7. The expression (soon before) is a relative term and it would depend upon circumstances of
each case and no straightjacket formula can be laid down as to what would constitute a period
of soon before the occurrence.
8. It would be hazardous to indicate any fixed period and that brings in the importance of a
proximity test both for the proof of an offence of dowry death as well as for raising a
presumption under Section 113B of the Evidence Act.
9. Therefore, the expression "soon before" would normally imply that the interval should
not be much between the concerned cruelty or harassment and the death in question. There
must be existence of a proximate or life link between the effect of cruelty based on dowry
demand and the concerned death. In other words, it should not be remote in point of time and
thereby make it a stale one.
10. However, the expression "soon before" should not be given a narrow meaning which
would otherwise defeat the very purpose of the provisions of the Act and should not lead to
absurd results.
11. Section 304B is an exception to the cardinal principles of criminal jurisprudence that a

suspect in the Indian Law is entitled to the protection of Article 20 of the Constitution, as
well as, a presumption of innocence in his favour. The concept of deeming fiction is hardly
applicable to criminal jurisprudence but in contradistinction to this aspect of criminal law, the
legislature applied the concept of deeming fiction to the provisions of Section 304B.
12. Such deeming fiction resulting in a presumption is, however, a rebuttable presumption

and the husband and his relatives, can, by leading their defence prove that the ingredients of
Section 304B were not satisfied.
13. The specific significance to be attached is to the time of the alleged cruelty and
harassment to which the victim was subjected to, the time of her death and whether the
alleged demand of dowry was in connection with the marriage.
Q.6 A. Points for consideration:

 Meaning of hate speech and the applicable provisions
 Case law if any and advice given in accordance with the above points.
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B.Points for consideration:
 Identification of the appropriate offence
 Whether a defence can be claimed? Focus on word ‘enticing’ and role played by the
accused.
 Case law if any and advice given in accordance with the above points.
 Marks for extra points
Q.7 Critical Notes

A. Fair comment as an exception to criminal defamation.
 Principle of fair comment and its relevance in a democracy
 Exceptions falling under the category
 Critical note on the adequacy or inadequacy of such an exception in the present day.
B. Criminal Law (Amendment) Act, 2018

 Brief mention of the incidents leading to the Amendment and a brief reference of the
key changes brought about.
 Critical note on the adequacy of such a change – possibility of the new changes
increasing vulnerability of the rape victims leading to immense threat to their life –
balance between retributive and reformative justice- gender disparity.
C. Offence of attempt to commit suicide.

 Explanation of the offence of attempt to commit suicide with judicial
pronouncements.
 Critical note on the efficacy of the offence in contemporary India – whether a change
is required?
D. Offence of causing miscarriage.

 The reason for existence of these provisions.
 Critical note on the enforcement of the provisions – probability of injustice to women
in specific situations – stringent application leading to mushrooming of quacks with
no accountability and hence creating environment for further offences - need to
increase the time frame permitted for legalized abortion.
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ANSWER KEY FOR CRIMINAL LAW - II

END TERM EXAMINATION, APRIL, 2019

Q.1. Material Facts and Issues

Arguments on behalf of prosecution and defence:

Q.2. Material facts and Issues.

Q.3. Points for consideration:

Q. 4A. Points for consideration:

4 B. Points for consideration:

Q.5A. Justify the statement given.

B. Points for consideration:

11. Section 304B is an exception to the cardinal principles of criminal jurisprudence that a

12. Such deeming fiction resulting in a presumption is, however, a rebuttable presumption

Q.6 A. Points for consideration:

Q.7 Critical Notes

B. Criminal Law (Amendment) Act, 2018

C. Offence of attempt to commit suicide.

D. Offence of causing miscarriage.

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