Mumbai University

3 Years LLB- Semester II Sept 2022,

Pattern: MCQ-30 Marks; DCQ- 30 Marks (10 Quest of 3 Marks)
Law of Crimes.
Descriptive Questions & Answers Complied by Rahul Kulkarni

Q1) What is Crime?

Ans. CRIME denotes an unlawful act punishable by a state. The term "crime"
does not, in modern criminal law, have any simple and universally accepted
definition, though statutory definitions have been provided for certain
purposes. The most popular view is that crime is a category created by law;
in other words, something is a crime if declared as such by the relevant and
applicable law. One proposed definition is that a crime or offence (or criminal
offence) is an act harmful not only to some individual or individuals but also
to a community, society or the state ("a public wrong"). Such acts are
forbidden and punishable by law. The notion that acts such as murder, rape
and theft are to be prohibited exists worldwide. What precisely is a criminal
offence is defined by criminal law of each country. While many have a
catalogue of crimes called the criminal code, in some common law countries
no such comprehensive statute exists.
Usually, to be classified as a crime, the "act of doing something criminal"
(actus reus) must – with certain exceptions – be accompanied by the "intention
to do something criminal" (mens rea). While every crime violates the law, not
every violation of the law counts as a crime. Breaches of private law (torts
and breaches of contract) are not automatically punished by the state, but
can be enforced through civil procedure.

Q2) What is administration of justice?

Ans) Administration means management and justice means fair treatment or
to right and equitability of rights.
According to Salmond, administration of justice implies maintenance of right
with in a political community by means of the physical force of the state.
For sound administration of justice, physical force of the state is prime
requirement.
State maintain law and order and establish peace and social security. If state
failed to maintain the law and order it can’t be called state. The main function
of the administration of justice is the protection of individuals' rights,
enforcement of laws and punishment of criminals.
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Q3) Difference between civil and criminal justice?

Ans) There are two types of justice, Civil and Criminal. Which means there
are two types of wrongs, civil wrongs and criminal wrongs. Criminal wrongs
are Public wrongs while civil wrongs are private wrongs.
Civil justice - The main object of the administration of civil justice is to
provide relief by way of compensation or other relief to the injured party.
Criminal Justice- The administration of criminal justice is to punish the
offender. Punishment may be described as the infliction by State Authority,
of a consequence normally regarded as an evil (imprisonment or death) on an
individual found to be legally guilty of a crime.

Civil Law Criminal Law

Civil Law is a general law which solves Criminal Law deals with offences
disputes between 2 organisations or that are committed against the
individuals. As per Civil Law the society. It mets out varying
wrongdoer will have to compensate the degrees of punishment
affected organisation or individual. commensurate with the crime
Civil Law deals with Property, Money, committed. Criminal Law will deal
Housing, Divorce, custody of a child with serious crimes such as
in the event of divorce etc. murder, rapes, arson, robbery,
assault etc.

Civil Law is initiated by the aggrieved The Government files the petition
individual or organisation or also in case of criminal law.
known as ‘plaintiff.’

In case of Civil Law, to start a case, As per Criminal Law, to start a

the aggrieved party needs to file a case, a petition cannot be filed
case in the Court or Tribunal directly in a court, rather the
complaint should be first
registered with the police, and the
crime needs to be investigated by
the Police. Thereafter a case can
be filed in the court.

The objective of Civil Law is to The purpose of Criminal Law is to

protect the rights of an individual or punish the wrongdoers and protect
organisation and make sure that he or society, maintain law and order.

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the concerned organisation receives

the compensation for the wrongs that
they have suffered.

In Civil Law, the wrongdoer gets sued In Criminal Law, the accused
by the complainant or the aggrieved person will be prosecuted in the
party. court of law.

In the case of Civil Law, there is no In the case of Criminal Law,

punishment like Criminal Law, but the punishment is meted out as per the
aggrieved party receives the seriousness of the criminal offence
compensation and the dispute gets committed or a fine could be
settled. imposed.

In the case of Civil Law, the power In the case of Criminal Law, the
of the court is to pass judgement or powers of the court are charging a
injunction to compensate for damages fine, imprisonment to the guilty of
caused to the aggrieved party. a crime, or discharge of the
defendant.

In Civil Law cases, the defendant is In Criminal Law parlance, the

considered to be either liable or not defendant is considered either
liable. guilty or not guilty by the court.

Q4) Distinguish Mens rea vs Actus Rea

Ans) A crime is a moral wrong, committed against the society as a whole. It
disturbs the peace, and some crimes may cause widespread panic and
disruption of normal activities in a community (Example: – the shooting in
Orlando, Florida).
The burden of prosecution of a crime falls on the State. The State acts to
protect the victims of the crime and to prevent the offender from committing
more crimes and acts to provide justice to the victims. The State also takes
measures to punish the offender and most countries have reformation
programs in prison in an attempt to steer the offenders towards becoming
law-abiding, dutiful citizens
Mens rea and Actus Reus are two essentials of any crime and are the
principles used in most common law countries. Mens rea is the ‘guilty mind’ or
guilty intention to commit a crime, with the intention of causing hurt to
another person, animal, or with the express intention of disturbing the peace.
Actus Reus, however, is the “guilty act”, which is a necessity in proving that

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a criminal act was committed. When dealing with any crime, there are certain
principles that need to be followed, and the accused is given the benefit of
the doubt. The onus is on the prosecution to prove his/her guilt, beyond a
reasonable doubt. The goal of the defense is to provide the judge or jury
with a reasonable doubt since the principles of justice dictate that a person
cannot be convicted if the charge on which he/she is accused cannot be proven
beyond a reasonable doubt.
Mens rea is an essential part of deciding whether an act is culpable or not.
Mens rea displays specific intent by the accused for the commission of the
crime for which he is charged. The accused must be proven to have knowingly
committed the crime, and had full knowledge of their actions and must have
malafide intent towards the victim. Mens rea is also used in some civil suits,
requiring the defendant to have been aware of the repercussions of their
actions for a civil liability to arise, but usually, the Actus Reus takes
precedence in cases of civil liability.
Actus Reus is the physical aspect of a crime. The accused needs to have
done something or omitted to do something, resulting in injury to the plaintiff,
or the victim in civil cases. Without a guilty act, there can be no crime and
no suit for damages can arise. An act alone does not make a crime, however,
and both the intention of the person and the act itself, if such act is
prohibited, combine to form the crime.

Q5) What are the stages of crime?

Ans) The four stages of crime are as under:
Intention
The intention is the first stage of any offense and is known as the mental or
psycho stage. In this stage, the offender decides the motive and decides his
course or direction towards the offense. The ironical fact about this stage
is that the law cannot punish the person just for having an intention to do
any illegal act. Moreover, being the mental concept, it is very difficult to
judge if a person possesses any such intention. Just by having an intention
will not constitute an offense.
Preparation
Preparation is the second stage of crime. It means to arrange the necessary
resources for the execution of the intentional criminal act. Intention and
preparation alone are not enough to constitute a crime. Preparation is not
punishable because in many cases the prosecution fails to prove that the
preparations in the question are for the execution of the particular crime.

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Attempt
An attempt is a direct movement towards the execution of a crime after the
preparation of the plan. According to law, a person is guilty of an attempt
to commit an offense if he/she does an act which is more than simply
preparatory to the commission of the offense. Moreover, a person is guilty
of attempting to commit an offense even though the facts are such that the
execution of the offense seems to be impossible.
Accomplishment
The last stage in the commission of an offense is its successful completion.
If the accused becomes successful in his attempt to commit the crime, he
will be guilty of the complete offense. Moreover, if his attempt is
unsuccessful he will be guilty of his attempt.

Q6) What are the different theories of punishment?

Ans) There are different kinds of punishment that a person can face. In
order to understand them, first, we need to understand the theories of the
punishment. There are majorly four theories of punishment.These theories
are the deterrent theory, retributive theory, preventive theory, and
reformative theory.
Deterrent Theory:
The theory assumes that the punishment is given only for the sake of it.
Thus, it suggests that evil should be returned for evil without taking into
consideration any consequences. There are two theories in which this theory
can be divided further. They are specific deterrence and general deterrence.
In specific deterrence, punishment is designed such that it can educate the
criminals. Thus, this can reform the criminals that are subjected to this
theory. Also, it is maintained that the punishment reforms the criminals. This
is done by creating a fear that the punishment will be repeated.
While a general deterrence is designed to avoid future crime. So, this is
done by making an example of each defendant. Thus, it frightens the citizens
to not do what the defendant did.
Retributive Theory
Retribution is the most ancient justification for punishment. This theory
insists that a person deserves punishment as he has done a wrongful deed.
Also, this theory signifies that no person shall be arrested unless that person
has broken the law. The penalty given will be equivalent to the grievance
caused by the person. An eye for an eye, kind of revenge.
Preventive Theory

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This theory has used a restraint that an offender if repeats the criminal act
is culpable for death, exile or imprisonment. The theory gets its importance
from the notion that society must be protected from criminals. Thus, the
punishment here is for solidarity and defense. It aims at removing/isolating
the miscevious people from the society.
Reformative Theory
The reformative theory was born out of the positive theory that the focal
point of crime is positive thinking. Thus, according to this theory, the
objective of punishment needs to be reformation by the offender.
So, this is not a punishment virtually but rather a rehabilitative process.
Thus, this process helps in making a criminal a good citizen as much as
possible. Furthermore, it makes the citizen a meaningful citizen and an upright
straight man.
Compensatory Theory: Paying compensation of levying monetary penalty for
recovering the loss made.

Q7) What are the kinds of punishments?

Ans) Provision for punishment are provided under Sec 53 and chapter 3 of
the Indian Penal Code (IPC). The Section defines various kinds of punishments
to which the offenders are liable under the Indian Penal Code. The
punishments given under Sec 53 apply only to offences given under this code.
In India, the reformative theory is followed to provide punishment. The
punishment awarded should neither be so harsh nor so easy so that it fails
to serve its purpose in generating impact on the offender and as an eye-
opener for others. It is considered that punishment should be of such a
nature that it brings reform in a person's personality and thinking.
Sec 53 of the Indian Penal Code, 1860 prescribes 5 kinds of punishments.
Death Penalty; Life imprisonment, Imprisonment (Rigorous/Simple), Forfeiture
of property, Fine
Death Penalty
Death penalty is also called the capital punishment. Under this punishment, a
person is hanged till he dies. The infliction of death sentence or taking away
the offenders life by authority as a punishment for an offence is capital
punishment or death penalty. In India it is awarded in rarest of rare cases.
It may be awarded as punishment in the following offences:
Waging war against the government of India (Sec 121)
Giving or fabricating false evidence upon which an innocent person suffers
death (Sec 194)

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Murder (Sec 302)

Murder by life convicts (Sec 303)
Dacoity accompanied with murder (Sec 396)
Life Imprisonment
In its ordinary connotation imprisonment for life means imprisonment for the
whole of the remaining life period of the convicted person's natural life.
According to Sec57 imprisonment for life shall be reckoned as equivalent to
imprisonment for 20 year's. But only for calculating fractions of terms of
punishment imprisonment for life shall be reckoned as equivalent to
imprisonment for 20yrs. But otherwise the sentence of imprisonment for life
is of indefinite duration.
Imprisonment
Imprisonment means taking away a person's freedom and putting him in prison.
Simple: it is a punishment in which the offender is confined to jail only and
not subjected to any hard labour. In the case of rigourous imprisonment, the
offender is put to hard labour such as grinding corn, digging, cutting wood
etc
Forfeiture Of Property
Forfeiture implies the loss of property of the accused. Under this punishment,
the state seizes the property of a criminal.It is the result of the wrong or
default caused by the person. The property forfeited may be movable or
immovable.
Fine
Fine can be simply defined as monetary punishment. Almost all the sections
related with awarding punishment includes fine as punishment.

Q8) Short note on Rape?

Ans ) As per Section 375 of IPC, Rape:– A man is said to commit “rape”
who, has done sexual intercourse with a woman under circumstances falling
under any of the six following descriptions:–
First:– Against her will.
Secondly:– without her consent.
Thirdly:– With her consent, when her consent has been obtained by putting
her or any person in whom she is interested in fear of death or of hurt.
Fourthly:– With her consent, when the man knows that he is not her husband,
and that her consent is given because she believes that he is another man to
whom she is or believes herself to be lawfully married.

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Fifthly:– With her consent, when, at the time of giving such consent, by
reason of unsoundness of mind or intoxication or the administration by him
personally or through another of any stupefying or unwholesome substance,
she is unable to understand the nature and consequences of that to which
she gives consent.
Sixthly:– With or without her consent, when she is under sixteen years of
age.

Q9) What is punishment of rape?

Ans) The punishment of rape is given in section 376(1) of IPC. Whoever,
commits rape, shall be punished with rigorous imprisonment of either
description for a term which shall not be less than seven years, but which
may extend to imprisonment for life, and shall also be liable to fine. Except
in the cases provided for in sub-section (2) of 376 which includes
(a) being a police officer, commits rape— • (i) within the limits of the police
station to which such police officer is appointed; or • (ii) in the premises of
any station house; or • (iii) on a woman in such police officer's custody; or
(b) being a public servant, commits rape on a woman in such public servant’s
custody or in the custody of a public servant subordinate to such public
servant; or
(c) being a member of the armed forces deployed in an area by the Central
or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other
place of custody established by or under any law for the time being in force
or of a women’s or children's institution, commits rape on any inmate of such
jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on
a woman in that hospital;
(f) being a relative, guardian or teacher of, or a person in a position of trust
or authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape on a woman when she is under sixteen years of age; or
(j) commits rape, on a woman incapable of giving consent; or
(k) being in a position of control or dominance over a woman, commits rape
on such woman; or
(l) commits rape on a woman suffering from mental or physical disability; or

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(m) while committing rape causes grievous bodily harm or maims or disfigures
or endangers the life of a woman; or
(n) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be
less than ten years, but which may extend to imprisonment for life, which
shall mean imprisonment for the remainder of that person’s natural life, and
shall also be liable to fine.

Q10) Short Note on Gang Rape (Section 376D of IPC):

Ans ) When a women is raped by more than one person constituting a group,
or acting in furtherance of common intention, each of the person shall be
deemed to have committed an offence of rape and shall be punished with
rigorous imprisonment for a term which shall not be less than twenty years,
but which may extend to life which shall mean imprisonment for the remainder
of that person's natural life, and with fine.

Q11) Difference between common intention and common object?

Ans) SECTION 34: ACTS DONE BY SEVERAL PERSONS IN FURTHERANCE
OF COMMON INTENTION: According to Section 34, when a criminal act is
done by several persons in furtherance of common intention of all, each of
such persons is liable for that act in the same manner as if it were done by
him alone.
Section 149, like Section 34, is the other instance of constructive joint
liability. Section 149 creates a specific offence
If an offence is committed by any member of an unlawful assembly in
prosecution of the common object of that assembly, or such as the members
of that assembly knew to be likely to be committed in prosecution of that
object, every person who, at the time of the committing of that offence, is
a member of the assembly, is guilty of that offence.”
Section 34 lays down only a rule of evidence and does not create a substantive
offence.
Where a crime is committed by several persons in furtherance of common
intention of all of them, each of them doing some act, similar or diverse, big
or small shall be liable for that act. ‘That act’ refers to the ‘criminal act’
used in section 34 which means the unity of criminal behaviour which results
in something for which an individual would be punishable if it were all done by
himself alone in an offence
No Common Intention Common Object

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1 Meaning: Meaning:
Criminal act is done by several Five or more persons commit offence
persons in furtherance of in prosecution of common object.
Common intention
2 Definition: Definition :
Section 34 of the Indian According to Section 149 of the
Penal Code Defines Common Indian Penal Code If an offence is
Intention as, “When a criminal committed by any member of an
act is done by several persons unlawful assembly in prosecution of
in furtherance of the common the common object of that
intention of all, each of such assembly, , every person who, at
persons is liable for that act in the time of the committing of that
the same manner as if it were offence, is a member of the same
done by him alone. assembly, is guilty of that offence.

Number of Persons must be Minimum numbers of Person must be

3 more than one. five to constitute an unlawful
assembly.
In Common Intention, prior Prior meeting of Mind is not
4 meeting of Mind is essential. necessary.
All persons involved in the All persons may or may not be
5 Commission of offence shall be equally liable.
equally liable
The first leading case on the
point is Barendra Kumar Ghosh
v. King Emperor, AIR 1925 PC
1

1. Under Section 34 number of persons must be more than one. Under Section
149 number of persons must be five or more.
2. Section 34 does not create any specific offence but only states a rule of
evidence. Section 149 creates a specific offence.
3. Common intention required under Section 34 may be of any type. Common
object under Section 149 must be one of the objects mentioned in Section
141.
4. Common intention under Section 34 requires prior meeting of minds or pre-
arranged plan, i.e. all the accused persons must meet together before the
actual attack participated by all takes place. Under Section 149, prior
meeting of minds is not necessary. Mere membership of an unlawful assembly
at the time of commission of the offence is sufficient.

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5. Under Section 34 some active participation is necessary, especially in a

crime involving physical violence. Section 149 does not require active
participation and the liability arises by reason of mere membership of the
unlawful assembly with a common object.

Q12) Define Criminal Force?

Ans) As per Section 350 of IPC 1860, whoever intentionally uses force to
any person, without that person's consent, in order to the committing of any
offence, or intending by the use of such force to cause, or knowing it to be
likely that by the use of such force he will cause injury, fear or annoyance
to the person to whom the force is used, is said to use criminal force to that
other.

Q13) What is assault as per IPC?

Ans) As per Section 351 of IPC 1860, Whoever makes any gesture, or any
preparation intending or knowing it to be likely that such gesture or
preparation will cause any person present to apprehend that he who makes
that gesture or preparation is about to use criminal force to that person, is
said to commit an assault.
Example: A shakes his fist at Z, intending or knowing it to be likely that he
may thereby cause Z to believe that A is about to strike Z. A has committed
an assault.
As per Section 352 of IPC, Whoever assaults or uses criminal force to any
person otherwise than on grave and sudden provocation given by that person,
shall be punished with imprisonment of either description for a term which
may extend to three months, or with fine which may extend to five hundred
rupees, or with both.

Q14) What is Abetment

Ans) Chapter 5 of the Indian Penal Code, 1860 deals with offences relating
to abetment. Abetment basically means the action of instigating, encouraging
or promoting a person into committing an offence. It can also mean aiding
the offender while he is committing a crime. This abetment may occur in any
of the three methods:
a) instigating a person to do that thing. Instigation basically means
suggesting, encouraging or inciting a person to do or abstain from doing
something.; or

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b) engaging with another person (or persons) in a conspiracy to do that

thing. Conspiracy basically means an agreement between two or more
persons to commit an unlawful act. ; or
c) intentionally aiding a person to do that thing. This generally happens
when the abettor facilitates the crime or helps in committing it.

Q15 ) Note on Culpable Homicide.

Ans) Homicide literally means “the killing of a human being by another human
being.” The term ‘homicide’ refers to the act of causing or hastening the
death of a human being by another human being.
Homicide can be lawful homicide and unlawful homicide. Culpable homicide
comes under the category of unlawful homicide. Culpable homicide is defined
under Section 299 of the Criminal Code. According to this section, the
following are the essential elements of culpable homicide:
a person must be dead;
the death must have been caused by the act of another person; and
the act causing death must have been done with:
(a) the intention of causing death; or
(b) the intention of causing bodily injury likely to cause death; or
(c) with the knowledge that such an act is likely to cause death.

Q16 ) Distinguish between Murder and culpable homicide?

Ans) Culpable homicide is a genus and murder its specie. All murders are
culpable homicide, but all culpable homicides are not murder. According to
section 299 of IPC, culpable homicide means the unlawful killing of a human
being, and this killing becomes murder when the act firstly fulfills all the
conditions of section 299 ( provisions of culpable homicide)and then section
300 of IPC.
Section 300 which defines Murder says, Whoever causes death by doing the
act with:
a) Intention of causing death.
b) Causing such bodily injury as the offender knows it is likely to cause death
of a person.
c) Intentionally causing bodily injury which is sufficient to cause death.
d) Doing an act with knowledge that it is so imminently dangerous and in all
probability causes death.

Q17) What is the punishment for habitual dealing in slaves?

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Ans) Habitual dealing in slaves is dealt under Section 371 of IPC. Whoever
habitually imports, exports, removes, buys, sells, traffics or deals in slaves,
shall be punished with 1[imprisonment for life], or with imprisonment of either
description for a term not exceeding ten years, and shall also be liable to
fine.

Q18) What are the offences against state?

Ans) The Indian Penal Code, 1860 deals with offences against the State
under Chapter VI (Section 121 to Section 130):
a) Waging war (S/121 to 123): Waging war means an attempt to fulfil
any purpose of public nature by the means of violence. Such a war
occurs when several people rise and assemble against the State in order
to attain any object of public nature by force and violence. The
punishment under this Section includes either life imprisonment or the
death penalty. A fine can also be imposed in certain cases.
b) Waging war against any Asiatic Power in alliance with the Government
of India. (S/125)
c) Depredation on territories of Power at peace with the Government of
India (S/126): Depredation refers to an act of attacking. Punishment
under this Section is imprisonment for a term of seven years along with
a fine.
d) Assault on High Officials: Section 124 of the IPC deals with the
assault on high officials, that is, the President, Governor, etc. Such
assault should be done with the intention of inducing or compelling the
high officials to exercise or refrain from exercising their lawful powers.
e) Section 128 of the IPC deals with ‘public servants voluntarily allowing
prisoners of State or war to escape’.
f) Section 129 of the IPC deals with ‘public servant negligently causing
the prisoner of State or war to escape’
g) Section 130 of the IPC deals with the ‘any person who aids or assists
the escape of, rescuing, or harbouring of a prisoner of State or the
war to escape’.

Q19) What is Sedition?

Ans) Section 124A of IPC deals with sedition. Under this Section, any
person who by words (written or spoken); or Signs; or Visible representations;
or Otherwise; brings or even attempts to bring hatred or excites disaffection
(including the feeling of enmity and disloyalty) towards the Government of

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India, is punishable with Life imprisonment along with a fine in certain cases;
or Imprisonment for up to three years along with a fine in certain cases; or
Fine.

Q20) Give any three categories of grievous hurt.?

Ans) Section 319 of the Indian Penal Code, 1860 (hereinafter “IPC”) defines
hurt as: “whoever reasons bodily pain, disorder or disease to any man or
woman is said to have caused harm. Section 320 defines grievous hurt as a
hurt that is more than a little causing harm and less than culpable homicide.
The following three kinds of hurt are termed as “grievous”:
a) Permanent injury to eyesight or either of the eye: Hurting someone which
leads to permanent deprivation of the sight of either eye or of both the
eyesight. The test of gravity is the permanency of the harm because it
deprives a person of the usage of his sight and additionally disfigures him.
b) Inflicting deafness: Hurting someone which leads to permanent deprivation
of hearing of both ears. The deafness has to be permanent to attract
this provision. Such harm may be resulting from blow given on head, ear
or the one’s elements of the head which connect with and injure the
auditory nerves or with the aid of thrusting a stick into the ear or placing
into ear a substance which reasons deafness.
c) Emasculation: It can be referred to as depriving a male of masculine
vigour. It can also be referred to as depriving a male of his male role
which in turn affects the sexual capacity of that person and hence does
not apply to female victims. This can be done either by cutting the sexual
organ or by causing injury to the scrotum of a man or the spinal cord or
the testis. It is to be noted that an accused will not be held for
emasculation if the male retains his penetrating power.

Q21) What is criminal trespass?

Ans) According to S/441 of IPC, Whoever enters into 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 such property, unlawfully remains there with intent thereby to intimidate,
insult or annoy any such person, or with intent to commit an offence, is said
to commit "criminal trespass".

Q22) What is meant by Affray?

Ans) As per Section 159 of IPC, When two or more persons, by fighting in
a public place, disturb the public peace, they are said to “commit an affray”.
As per S/160 of IPC, Whoever commits an affray, shall be punished with

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imprisonment of either description for a term which may extend to one month,
or with fine which may extend to one hundred rupees, or with both.

Q23) Who is Thug?

Ans) As per S/ 310 of IPC, Whoever, at any time after the passing of this
Act, shall have been habitually associated with any other or others for the
purpose of committing robbery or child-stealing by means of or accompanied
with murder, is a thug. As per S/ 311, Whoever is a thug, shall be punished
with imprisonment for life, and shall also be liable to fine.

Q24) Short note on Defamation?

Ans) As per S/ 499 of IPC, whoever, by words either spoken or intended to
be read, or by signs or by visible representations, makes or publishes any
imputation concerning any person intending to harm, or knowing or having
reason to believe that such imputation will harm, the reputation of such
person, is said, to defame that person and such act is known as
defamation.Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or
with both.
Exceptions to defamation:
Imputation of truth which public good requires to be made or published.—It
is not defamation to impute anything which is true concerning any person, if
it be for the public good that the imputation should be made or published.
Whether or not it is for the public good is a question of fact.
Public conduct of public servants.—It is not defamation to express in good
faith any opinion whatever respecting the conduct of a public servant in the
discharge of his public functions, or respecting his character, so far as his
character appears in that conduct, and no further.
Publication of reports of proceedings of courts.—It is not defamation to
publish substantially true report of the proceedings of a Court of Justice, or
of the result of any such proceedings.

Q25) What is unlawful assembly?

Ans) Unlawful assembly is defined under Section 141 of IPC. The section
defines unlawful assembly as the group of five or more than five people
constituting the unlawful assembly. In this, all the members commit an act
with the same intention and object. The common object in the cases of
unlawful assembly must be to commit an illegal act as specified in the section
these five illegal objects/acts are:
a) To overawe Government by criminal force
b) To resist execution to legal process

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c) Commission of an offence
d) Forcible possession or dispossession
e) To compel to do illegal acts

Q 26) Write a note on False Evidence?

Ans) As per Sec 191 of IPC, Whoever, being legally bound by an oath or by
an express provision of law to state the truth, or being bound by law to make
a declaration upon any subject, makes any statement which is false, and
which he either knows or believes to be false or does not believe to be true,
is said to give false evidence.
Whoever intentionally gives false evidence in any of a judicial proceeding, or
fabricates false evidence for the purpose of being used in any stage of a
judicial proceeding, shall be punished with imprisonment for a term which may
extend to seven years, and/or shall also be liable to fine.

Q 27) Write a note on Criminal Conspiracy?

Ans) Section 120A of the I.P.C. defines criminal conspiracy as an agreement
of two or more persons to do or cause to be done an illegal act, or;an act
that is not illegal by illegal means. Section 43 of the I.P.C. defines the term
‘illegal’ as everything that is an offence or is prohibited by law or furnishes
ground for a civil action.

Q 28) What is the punishment for Criminal Conspiracy?

Ans) Section 120B of I.P.C. provides for punishment of criminal conspiracy-
a) Where the criminal conspiracy is to commit a serious offence, in such case
the accused are Punishable with death or Imprisonment for life or Rigorous
imprisonment for a term of two years or upwards and where no express
punishment is provided under the Code for such conspiracy, every person
who is a party to such a criminal conspiracy shall be punished in the same
manner as if he had abetted such offence.
b) Criminal conspiracy to commit offences other than those covered in the
first category shall be punished with imprisonment for a term not
exceeding six months or with fine or with both

Q 29) Write a note on Bigamy and Adultary?

Ans) Adultery refers to the intended sexual relationship between a married
person and the person rather than his or her spouse.
Marriage is considered to be a pure form of a relationship, and therefore
adultery is often regarded as a crime in most of the societies. It can also
be considered as a ground for divorce in many places.

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Adultery is only considered when the unfaithfulness cross the boundary and
a married person establishes a sexual relationship with a person other than
spouse. It can occur between a married person and unmarried person or
between an unmarried person and spouse of some other person. Therefore,
in either ways, it is found to be derogatory towards marriage.
Bigamy refers to the act of marrying again, while the first marriage is valid.
Generally, this is also considered to be against the law of the state in many
countries, and therefore the accused is convicted. The term just expresses
the meaning of the word which is literally second marriage. Polygamy which
means having more than one wife or one husband is allowed for Muslim men
under the Islamic marital jurisprudence.

Q 30) Explain “Ignorance of Law is not excuse”?

Ans) The maxim 'ignorantia juris non-excusat,' or 'ignorance of the law is
no excuse,' implies that the Court presumes that every party is aware of the
law. This really means that people can’t defend their actions by claiming they
didn’t know the law.

Q31) What is Dolly Inacapex?

Ans) Doli incapax literally means ‘incapable of wrong’. It is a principle that
deals with the protection of children from criminal liability. It is presumed
in law that a child below 7 years of age(in the case of India) is incapable of
knowing the consequences of his actions and hence is granted complete
immunity from criminal liability.Absolute Immunity is provided to a child below
7 years of age under Section 82 of IPC.

Q 32) Provisions relating to Intoxication in IPC?

Ans) Intoxication is a condition in which a person's mental and physical state
is demonic due to the consumption of alcohol or a narcotic substance. It is
commonly known as state of being intoxicated. In this state of intoxication,
the person is not able to understand whether what he or she is doing is right
or wrong and he is unable to understand consequences of his or her actions.
He is neither able to control his actions and he is not able to react in a
particular way.
Intoxication is covered by general exceptions, i.e. Chapter IV of the IPC.
As a general rule, a person is excluded from criminal liability for specific
reasons such as intoxication, insanity, consent, etc. The burden of proof
rests with the accused to prove the point of exception. Normally, the burden
of proof rests with the prosecution to convict the accused of a criminal
offence. But in this case, the accused must prove that the reason why he
should be exempt from criminal liability.

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Q 33) What is the meaning of theft and extortion?

Ans) The crime of theft has been defined under Section 378 of the IPC Act.
It defines the crime of theft as “ Whoever intends to take any moveable
property dishonestly out of the possession of any person without the
(express or implied) consent of that person is said to commit theft.
Extortion has been defined under Section 383 of the IPC as Whosoever
intentionally puts any person in the fear of any injury to that person, or to
any other and thereby dishonestly inducing that person, to deliver to any
person; any property or valuable security; or anything signed or sealed that
may be converted into a valuable security.

Q 34) What is cognizable offence?

Ans 34) A cognizable offense is an offense in which the police officer as per
the first schedule of CRPC or under any other law for the time being in
force, can arrest the convict without a warrant and can start an investigation
without the permission of the court. Cognizable offenses are generally heinous
or serious in nature such as murder, rape, kidnapping, theft, dowry death,
etc. The first information report (FIR) is registered only in cognizable crimes.

Q 35) What is non cognizable offence?

Ans) A non-cognizable offense is the offense listed under the first schedule
of the Indian Penal Code and is bailable in nature. In the case of a non-
cognizable offense, the police cannot arrest the accused without a warrant
as well as cannot start an investigation without the permission of the court.
The crimes of forgery, cheating, defamation, public nuisance, etc., fall in
the category of non-cognizable crimes. Under a Non-Cognizable offense/case,
in order to start the investigation, it is important for the police officer to
obtain permission from the Magistrate.

Q 36) What is robbery?

Ans 36) Robbery has been defined under Section 390 of the Act. The
offence of theft amounts to robbery under the following circumstances:
When in order to commit theft, or in attempting to commit theft, the
offender voluntarily causes or attempts to cause to any person Death or Hurt
or Wrongful restraint Or fear of either of these, it is called robbery.
All robberies are either Thefts or Extortions.

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