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JW10
JW10
Modus Operandi
• Understanding the Current Standing of

Preparation in Indian Penal Code – Test Method
• Core Lecture
• Final Test
All At Once
Denial and Understanding of the Indian Penal Code
Test 1:- Abhayanand wanted to take admission in Patna

University. However he did not have the requisite Class
XIIth qualifications. Abhayanand deposited forged
marksheets to Patna University upon which Admit Card
for an entrance test was dispatched to him. However, the
University clerk discovered his fraud and informed the
police.
Rule-
• Did he do what he could ?
• Could he forfeit his action ?
• Is his attempt specifically provided in IPC ?
Test 2:- Bimla married Om Prakash in the year 1951. They used to fight a lot and Bimla
left her husband. However, on assurance of Om’s parents she returned back to her
marital home. When she returned to her marital home, the husband acted very
sweetly for a few days but after some time became viciously abusive towards her. He
locked her up in the bathroom for days without giving her any food for weeks.
One day Bimla found the door unlocked and escaped and went to a nearby hospital.
The Doctor wrote down that she was so emaciated that her cheeks were hollow, she
had no strength or muscles left, her bones were protruding and she was looking like a
dead body. The issue arose was whether the husband had attempted to murder his
wife.
Rule-
• Did he do what he could ?
• Could he forfeit his action ?
• Is his attempt specifically provided in IPC ?
Test 3:- Which of the following
provisions is an exception to the
general rule related to Preparation
for an Offence?
(a)Section 399
(b)Section 126
(c)Section 235
(d)Section 123
Fundamentals of Mens Rea
• Conception and Deliberations are not punishable.
Eg:- Merely thinking of killing 1000 people is not

punishable
Eg:- Merely thinking of creating a device that can kill

1000 people in one go is also not punishable.
• It is not possible to establish Mens Rea without

any Actus Reus
• Mens Rea is Prioritised over Motive during Trial
• If Actus Reus is proved – Mens Rea steps back
Elements of Mens Rea • A doctor unknowingly leaves
the scissors inside the patient’s
1. Direct Intention wound
2. Transferred Intention
3. Motive • When one feels hungry, and
4. Knowledge steals a packet of Lays
5. Negligence – Advertent
and Inadvertent • A bus driver while driving
sneaks a peek every now and
then of a beautiful lady sitting
in the bus
Attempt (Always Punishable)
• Identify the Sections of Indian • Which provision of MHA, 2017

Penal Code, 1860 which do not decriminalized Section 309 of Indian
deal with Attempt to commit Penal Code ?
any offence:-
Section:- 4, 12, 113, 115, 132, 138
Section:- 511, 307, 308, 121, 125,
309, 326B, 356, 357, 393, 398
Fact:- Asgarali was a married man with a wife and two
Rule children. He was having an affair with a neighbor woman who
was a divorcee. Asgarali promised marriage to her and she
agreed to have sexual relations with him. After a few months
she became pregnant with Asgarali’s child.
“Faulty
Asgarali became increasingly nervous and requested the
Preparation is woman to abort the child, but she refused and asked him to
come good on his promise of marriage. Asgarali went to
NO medical quack and purchased Copper Sulphate tablets for
aborting the child. The next day he asked her to ingest the
Preparation to Copper Sulphate tablets but she refused. Opon which Asgarali
cause an held her throat and made her ingest a few tablets.
Doctors held that Copper Sulphate cannot cause Miscarriage.
Attempt”
Q. Dhoni and Virendra were husband and wife
respectively. Dhoni wanted to marry a second time
with Suresh. When the wife, Virendra found about
the wedding cards of her husband Dhoni’s,
marriage with Suresh, she prosecuted her husband
of attempt to commit bigamy i.e. u/s. 494/511.
Decide.
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JW10

• Understanding the Current Standing of

Test 1:- Abhayanand wanted to take admission in Patna

Eg:- Merely thinking of killing 1000 people is not

Eg:- Merely thinking of creating a device that can kill

• It is not possible to establish Mens Rea without

• Identify the Sections of Indian • Which provision of MHA, 2017

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