CONTENT

INTRODUCTION

1

CHAPTER 1

OFFENCE

3

Offence

3

CHAPTER 2

EXTRA-TERRITORIAL OFFENCES

4

Extension of Code to extra-territorial offences

4

CHAPTER 3

DESIGN TO COMMIT OFFENCE PUNISHABLE WITH DEATH OR IMPRISONMENT FOR LIFE

5

Concealing design to commit offence punishable with death or imprisonment for life

5

CHAPTER 4

PUBLIC SERVANT CONCEALING DESIGN TO COMMIT OFFENCE WHICH IT IS HIS DUTY TO PREVENT

6

Public servant concealing design to commit offence which it is his duty to prevent

6

CHAPTER 5

GENERAL DEFENCE

  7

(A)

Mistake

7

Q.

Briefly discuss the principle of general defence provided under I.P.C.

7

Act done by a person bound, or by mistake of fact believing himself bound, by law

7

Essential ingredients

7

Distinction between 'mistake of fact' and 'mistake of law'

7

Q.

Discuss the principle laid down in R. v. Prince

8

Q.

Critically evaluate the ratio of State of Maharashtra v. Mayer Hans George

8

Act done by a person justified, or by mistake of fact believing himself justified, by law

8

Distinction between sections 76 and 79

8

*

Case Laws

9

Chirangi Lal case

9

Q.

Discuss the principle laid down in the Chirangi v. State

9

(B)

General defence: Unsoundness of mind and Intoxication

10

(i)

Unsoundness of mind

10

Act of a person of unsound mind

10

Q.

Discuss critically the defence of Insanity as provided in section 84

10

Q.

Under what circumstances the defence of insanity may be pleaded?

10

(ii)

Intoxication

11

Act of a person incapable of judgment by reason of intoxication caused against his will

11

Q.

Under what circumstances the drunkenness can be pleaded as defence?

11

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

11

Q.

Discuss the drunkenness defence as laid out in Basdev v. State of Pepsu

12

*

Case Laws

12

T.N. Lakshmaiah case

12

Q.

Discuss the principle laid down in T.N. Lakshmaiah v. State of Karnataka

12

Shrikant A. Bhosle case

13

Q.

Discuss the principle of Shrikant Anandrao Bhosle v. State of Maharashtra

13

(c)

Private Defence

14

Q.

Critically evaluate the difference between general defence and private defence

14

Q.

Discuss the ratio of Dominic v. State of Kerala

15

*

Right to Private Defence in General

15

 

Things done in private defence

15

Q.

Explain the principle provided in section 96 of the I.P.C.

15

*

Defence of body and property

16

Right of private defence of the body and of property

16

Q.

Critically evaluate the ratio laid out in Biran Singh v. State of Bihar

16

*

Right of defence against a person of unsound mind

17

Right of private defence against the act of a person of unsound mind, etc.

17

*

Extent of right of private defence

17

Acts against which there is no right of private defence

17

Extent to which the right may be exercised

17

Q.

What are the general restrictions on the right of private defence under sections 99 to 102?

17

What is the extent?

18

Good faith

18

Time to have recourse to the protection of public authority

18

Proportionate harm

18

Q.

Discuss the principle of law laid down in Baljit Singh v. State of Uttar Pradesh

18

*

Right of private defence to cause death

18

When the right of private defence of the body extends to causing death

18

Essential ingredients

19

Q.

When and under what circumstance the death can be lawfully cause for private defence?

19

When such right extends to causing any harm other than death

19

*

Duration of right to defend the body

20

Commencement and continuance of the right of private defence of the body

20

Q.

Discuss the principle of Deo Narain v. State of Uttar Pradesh

20

*

Private defence of property

20

When the right of private defence of property extends to causing death

20

Q.

Under what circumstance causing death can be lawful during the protection of property?

20

" Right of defence of property short of death

20

When such right extends to causing any harm other than death

21

*

Duration of right to defend the property

21

Commencement and continuance of the right of private defence of property

21

Q.

Under what circumstance the right of private defence commences?

21

Q.

Discuss critically the ratio of Amjad Khan v. State

21

*

Risk of harm of innocent person

21

Right of private defence against deadly assault when there is risk of harm to innocent person

22

*

Case Laws

22

*

Sher Singh Case

22

Q.

Discuss the principle of law laid out in the State of Haryana v. Sher Singh

22

Moti Singh Case

22

Subramani Case

23

Q.

Discuss the Subramani case in the light of State of Bihar v. Nathu Pandey

23

CHAPTER 6

JOINT LIABILITY

*

Joint liability under section 34, I.P.C.

24

Q.

Discuss the essentials of group liability under section 34, I.P.C.

24

Acts done by several persons in furtherance of common intention

24

Object of the section

25

Q.

Discuss the meaning and scope of the word 'common intention' as used in section 34 of the I.P.C.

25

  

Guiding principles of 'common intention'

25

Q.

Discuss the guiding principles of common intention as laid down by the Penal Code in Mahboob Shah v. Emperor

25

'Common intention' is a matter of interference

26

In furtherance of common intention

26

Q.

What is meant by further of common intention discuss in light of Mahboob Shah v. Emperor?

26

Prior intention to commit murder

26

Common intention should be prior to the occurrence

27

Q.

Discuss what makes the common intention punishable under law

27

Q.

Discuss the Pandurang's case briefly

27

Joint-liability in context of free fight

27

Q.

Discuss the application of joint liability In context of free fight In the light of Balbir Singh case

27

Participation

27

*

Joint-liability under section 149, I.P.C.

28

Q.

Discuss the principle which depreciate the section 34 with section 149

26

Every member of unlawful assembly guilty of offence committed in prosecution of common object

28

Essential ingredients

28

Q.

Discuss the essential ingredients of section 149

28

Unlawful assembly: meaning of

28

Unlawful assembly

29

Q.

Discuss the principle of Mizaji v. State of Uttar Pradesh

29

Q.

Will your answer be different if the court acquitted X and Y on the ground that their presence in the group was not clearly established?

29

Common object: Meaning of

30

Q.

Discuss the meaning of expression "common object"

30

Section 34 and section 149 distinguished

30

Q.

Discuss the features which distinguished section 34 with 149 I.P.C.

31

*

Conspiracy

31

Definition of criminal conspiracy

31

Q,

Discuss the principle laid down in section 120A of the I.P.C.

31

Q.

Discuss the ratio of Nalini's case

31

Essential ingredients

32

Q.

Discuss the essentials of section 120A, I.P.C.

32

Illegal act: Meaning of

32

*

Punishment for 'Criminal Conspiracy'

32

Q.

Discuss the difference between 120 & 120B of I.P.C.

33

Punishment of criminal conspiracy

33

*

Case Law

33

Nandu Rastogi case

33

Q.

Discuss the principle laid down in the Nandu Rastogi's case

33

Chandra Bihari case

34

Q.

Discuss critically the ratio laid in Chandra Bihari case

34

Nallabothu Venkaiah's case

34

Q.

Discuss the Nallabothu Venkaiah's case

34

CHAPTER 7

ATTEMPT TO COMMIT A CRIME

*

Attempt' under the Code

36

Q.

Define the word "Attempt" as denoted In the I.P.C.

36

*

Sedition

37

Sedition

37

Essentials of sedition

37

Hatred or contempt: Meaning of

38

Disaffection: Meaning of

38

Attempt: Meaning of

38

Constitutionality of section 124A

38

Q.

Whether sections 124A and 505, I.P.C. are void in view of the provision of Article 19(1)(a) of the Constitution of India?

38

*

Attempt to murder

39

Attempt to murder

39

Attempts by life convicts

40

Essential ingredients

40

Q.

Discuss the essential ingredients of 'attempt to murder' as provided under section 307, I.P.C.

40

*

Attempt to commit culpable homicide [Section 308, I.P.C.]

41

Attempt to commit culpable homicide

41

*

Attempt to Commit Suicide [Section 309, I.P.C.]

41

Attempt to commit suicide

41

Is hunger strike an attempt to suicide?

42

*

Attempt [Section 511, I.P.C.]

42

Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

42

Q.

How do you differentiate preparation for and attempt at commission of a crime?

44

CHAPTER 8

CULPABLE HOMICIDE AND MURDER

*

Meaning and scope of 'homicide'

46

Q.

Critically evaluate the principle relating homicide under I.P.C.

46

*

Classification of Homicide

46

*

Culpable Homicide

47

Culpable homicide

47

Q.

A, a Physical Training Instructor was acting as a referee in a friendly hockey match being played between class XI and class XII. X, an ex-student of the school, arrived on the ground and was very anxious to play the game but was not allowed by A. X snatched a hockey stick from a player and struck a blow on A's head with considerable force. A fell down and died instantaneously. What offence has been committed? Would it make any difference if A died due to failure to give prompt medical aid or due to head injury after 10 days in the hospital?

47

Ingredients of culpable homicide

47

*

Analysis of section 299

47

Q.

Assuming that the accused person had no intention to cause the death of the deceased, but had only the intention to cause bodily injury, explain when the accused may be held guilty of murder, culpable homicide not amounting to murder, or only voluntarily causing grievous hurt

48

*

Explanations to section 299, I.P.C.

49

Q.

A saw X lying motionless on the bed-room floor of his wife B's 10th Floor apartment. Believing X to be dead and fearing his wife's involvement in the murder, A pushed X out of the window of the room to give an impression of suicide. X died due to multiple fractures and shock on account of the fall from the 10th Floor. Has A committed culpable homicide in terms of section 299, I.P.C.

49

*

Murder (Section 300)

50

Q.

A, who was speeding past a police checkpost in his car after committing a robbery, was required to stop by B, a police officer. While B was interrogating A, A suddenly gave a spanner blow on B's head mainly with a view to making good his escape. The spanner blow, given with considerable force, led to skull fracture and severe damage to the brain. B was taken to the hospital where two operations were performed to remove blood clots. B died In the hospital a week after the incident. The doctor certified that the injury was sufficient in ordinary course of nature to cause death. For what offence can A be prosecuted? Give reasons.

50

Q.

X is cultivating agricultural land belonging to Z. A suit is pending before the Court for recovery of the said land. X alongwith his close ally Y intending to kill Z to keep the disputed land in his possession, plans and set fire to his thatched house by locking it from outside just before midnight and by preventing others from coming to his rescue in response to his "SOS" call amidst the rising fire. Z is roasted alive. What offence X and Y are guilty of.

51

Murder

51

*

Clause 1

53

Clause 2

53

Clause 3

54

Q.

"To hold an accused guilty of murder under clause (3) of section 300, I.P.C., the prosecution must prove that there was an intention to Inflict that particular injury, that is to say that the injury was not accidental or unintentional or that some other kind of injury was intended, and that particular Injury was sufficient in the ordinary course of nature to cause death." Examine

54

Clause 4

54

*

Distinction Between Sections 299 and 300, I.P.C.

54

Q.

"There is a thin line difference between the offence of murder and culpable homicide not amounting to murder because the difference is merely a question of degree of probability of death ensuing." In the light of the above statement explain the distinction between clause (2) of section 299 and clause (3) of section 300 with the help of illustration and decided cases.

54

Q.

"There is a thin line difference between the offences of murder and culpable homicide not amounting to murder because the difference is merely a question of degree of probability of death ensuing." In the light of the above statement explain the distinction between clause (2) of section 299 and clause (3) of section 300 with the help of illustrations and decided cases.

55

Q.

Dwell on the difference between (a) culpable homicide amounting to murder and (b) culpable homicide not amounting to murder.

55

*

Punishment for murder

56

Punishment for murder

56

*

Exception to the offence of Murder

57

Q.

What are the exceptions to the offence of Murder?

57

*

Provocation (Exception 1)

57

Essential Ingredients

58

Q.

What are the essential ingredients of exception 1 to section 300 I.P.C.?

58

Explanation to Exception 1

58

K.M. Nanavati's case

58

Q.

Discuss the law laid down by the Supreme Court in K.M. Nanavati case

59

Q.

On A's reaching home after a long absence his wife confessed that she had developed intimacy with his friend and was carrying his child in her womb. A was shocked but did not display any external signs of his shock. However, he did neither eat or drink anything nor talked to any one thereafter. Three hours after the incident, A drove his wife to her mother's house and left her there. From there he went to his friend's house and on his opening the door shot him without any argument. Can A successfully plead grave and sudden provocation mitigation. Argue with the help of decided cases

59

*

Right to Private Defence (Exception 2)

59

Jassa Singh case

60

Q.

Discuss the ratio laid down by the apex Court in Jassa Singh case.

60

*

Culpable homicide when public servant exceeds his powers (Exception 3)

61

Q.

Write shot note on culpable homicide when public servant exceeds his powers

61

*

Sudden fight (Exception 4)

62

Sukhbir Singh case

62

Q.

Discuss critically the law laid down in Sukhbir Singh case

62

Suresh Chandra case

63

Dhirabhai case

64

Q.

Discuss the law laid down by the Supreme Court in Dhirabhai case.

64

Q.

What do you mean by expression 'undue advantage' as used in the provision?

65

*

Death by Consent (Exception 5)

65

Dasrath Paswan case

66

*

Culpable homicide by causing death of person other than person whose death was intended (section 301)

66

Culpable homicide by causing death of person other than person whose death was intended

66

Principle of Transfer of Malice

66

*

Punishment for Murder (Section 302)

67

Punishment for murder

67

Q.

Discuss the provision in I.P.C., provides for the punishment for murder

67

*

Punishment for culpable homicide not amounting to murder (section 304)

68

Punishment for culpable homicide not amounting to murder

68

Q.

Discuss the provision in I.P.C., provides for the punishment for culpable homicide not amounting to murder

68

CHAPTER 9

HOMICIDE BY RASH OR NEGLIGENT ACT

Causing death by negligence

70

Q.

Explain the terms negligence and rashness under IPC

70

*

Essential Ingredients

70

Q.

Explain the doctrine of contributory negligence

71

Distinction between Rash and Negligent Act

71

Q.

What is the distinction between rash and negligent act?

71

Rash and Negligent driving

71

Q.

What do you mean by rash and negligent driving?

71

Q.

X started from Delhi on his car to go to Gurgaon, at about 11.00 p.m. He was driving at a reasonable speed and quite carefully. But unfortunately on the way he knocked down two coolies who were lying and sleeping on the road itself. X is prosecuted for causing death of the two coolies by rash and negligent driving under section 304A, I.P.C. Can X be convicted? Discuss

72

Mohd. Aynuddin case

72

Cherubin Gregory case

73

Q.

X, a notorious smuggler, built a strong house for himself away from the city. The house was fortified by high compound wall around the house and live electric wire ran on the upper edges of the compound wall which used to be activated during the night. Well-lit warning boards with danger signs of high voltage were placed all around. Y, a thief, in order to commit theft attempted to scale the wall in the night, came in contract with the wire and was electrocuted. X is charged under section 304A for causing the death of Y. How will you decide?

73

Jagdish Chani case

74

CHAPTER 10

HURT AND GRIEVOUS HURT

*

Hurt

75

Hurt

75

Ingredients to 'Hurt'

75

Q.

What do you mean by term 'Hurt'? Discuss its ingredients

75

*

Grievous Hurt

76

Q.

What is grievous hurt and discuss its different kinds?

76

Grievous hurt

76

Voluntarily causing hurt

76

Voluntarily causing grievous hurt

77

Punishment for causing hurt or Grievous hurt

77

Punishment for voluntarily causing hurt

77

Q.

Discuss briefly the punishment for hurt and grievous hurt?

77

Voluntarily causing hurt by dangerous weapons or means

77

Punishment for Grievous Hurt

78

Punishment for voluntarily causing grievous hurt

78

Grievous hurt by dangerous weapons or means

79

Voluntarily causing grievous hurt by dangerous weapons or means

79

Voluntarily causing hurt to extort property

79

Voluntarily causing hurt to extort property, or to constrain to an illegal act

79

Hurt by poison etc.

80

Causing hurt by means of poison, etc., with intent to commit an offence

80

Punishment for causing grievous hurt to extort property

80

Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

80

Punishment for causing hurt to extort confession

80

Voluntarily causing hurt to extort confession, or to compel restoration of property

80

Punishment for causing grievous hurt to extort confession

80

Voluntarily causing grievous hurt to extort confession, or to compel restoration of property

80

Punishment for causing hurt to deter public servant from his duty

80

Voluntarily causing hurt to deter public servant from his duty

80

Punishment for causing grievous hurt to deter public servant from his duty

81

Voluntarily causing grievous hurt to deter public servant from his duty

81

Punishment for voluntarily causing hurt or provocation

81

Voluntarily causing hurt on provocation

81

Punishment for causing grievous hurt on provocation

81

Voluntarily causing grievous hurt on provocation

81

Punishment for endangering life of others

81

Act endangering life or personal safety of others

81

Punishment for causing hurt by act endangering life of others

81

Causing hurt by act endangering life or personal safety of others

81

Punishment for causing grievous hurt by act endangering life of others

82

Causing grievous hurt by act endangering life or personal safety of others

82

*

Case Law

82

Naib Singh case

82

Q.

Critically discuss the law laid down in Naib Singh case

82

CHAPTER 11

KIDNAPPING AND ABDUCTION

*

Kidnapping

83

Q.

Explain the term 'Kidnapping' briefly

83

*

Kidnapping from India

83

Kidnapping from India

83

Q.

What do you mean by expression 'kidnapping from India'?

83

Essential ingredients

83

*

Conveying without consent: meaning of

84

*

Kidnapping from lawful guardianship

84

Kidnapping from lawful guardianship

84

Q.

What do you mean by the expression 'kidnapping from lawful guardian'?

84

Object and scope

84

Essential ingredients

84

Q.

What constitutes Kidnapping from lawful guardianship?

84

Taking' or 'enticing': meaning of

85

Q.

Discuss the meaning of 'Taking and Enticing'

85

*

Out of the keeping of Lawful Guardian

86

Meaning of word 'keeping'

86

'Lawful Guardian': Meaning of

86

Q.

What do you mean by expression lawful guardianship?

86

*

Abduction

87

Meaning of 'Abduction'

87

Abduction

87

Q.

What is Abduction?

87

Word 'Deceitful': Meaning of

SB

Abduction is 'continuing offence'

88

*

Distinction between 'kidnapping' and 'abduction'

SB

Q.

Explain the difference between kidnapping and abduction

88

*

Punishment for kidnapping

89

Punishment for kidnapping

89

*

Case Laws

89

Prakash case

89

S. Vardarajan case

89

Q.

S, a 25-year old young man was the music teacher of a sprightly urban and urbane (courteous) school-going girl T and used to take her to musical performances, with parent's sufferance (implied consent) so that she could learn better. When she was just two weeks away from being 18, her music teacher as usual took her to a 'Musical Nite' where she revealed that her parents wants to marry her with a man whom she does not like and would like to marry him (the music teacher) instead. (This was a welcome news for S who had strong love for her but had felt shy to express it). T persuaded 5 to take the plunge (get married) the next day in a temple. Next day, she went to S's house instead of going to school from where they went to temple. However, they were caught by the parents of the girl (who were informed by someone) before any ceremony of marriage could take place. Can S be held guilty for any offence?

90

Raja Ram case

91

CHAPTER 12

OFFENCES AGAINST PROPERTY

*

Theft

93

Theft

93

Essential ingredients

93

Q.

What are the essential ingredients to constitute the offence of theft

94

Dishonest intention

94

Q.

The offence of theft is complete at the time of the dishonest movement of the property.

94

Q.

Illustrate the above statement with the help of illustrations and decided cases

94

Movable property

94

Taking out of possession of another person

94

Q.

Explain the expression "taking out of possession of another person"

95

Taking without consent

95

Moving property in order to such taking

95

*

Distinction between 'theft' and 'mischief

95

Q.

Discuss the distinction between theft and mischief

95

*

Punishment for 'theft'

96

Punishment for theft

96

Sekar case

96

Pyarelal Bhargava case

96

Q.

What are the law laid down in Pyarelal Bhargava case?

97

*

Extortion

97

Extortion

97

Essential ingredients

98

Q.

What are the essential ingredients to constitute an offence under section 383, I.P.C.?

98

Putting a person in fear of injury

98

Element of dishonesty

98

Deliver by the person put in fear

98

Q.

Explain the expression "Deliver by the person put in fear"

98

Theft and extortion: Distinguished

98

Q.

Explain the distinction between theft and extortion

98

Punishment for extortion

99

Punishment for extortion

99

*

Robbery & Dacoity

99

(A)

Robbery

99

Robbery

99

When theft is robbery

99

When extortion is robbery

99

Q.

What do you mean by the term 'Robbery'?

99

Carrying away

100

When 'extortion' is 'robbery'

100

Q.

What are the conditions when extortion becomes robbery?

100

*

Punishment for robbery

101

Punishment for robbery

101

Attempt to commit robbery

101

Voluntarily causing hurt in committing robbery

101

Basavegowda case

102

Devassia Joseph case

102

(B)

Dacoity

103

Dacoity

103

Essential ingredients

103

Q.

What are the conditions when robbery becomes Dacoity?

103

*

Punishment for dacoity

104

Punishment for dacoity

104

*

Criminal Misappropriation of Property

104

Dishonest misappropriation of property

104

Essential ingredients

104

Q.

A, with B's consent, lodged his hundred sheep in B's field overnight and the next morning drove his flock to the market for sale. At the time of the sale when the sheep were counted the presence of an extra sheep belonging to B was brought to A's notice. A sold it with the rest. A is being tried for the theft of B's sheep. Decide

105

*

Dishonest misappropriation or Conversion of property

105

Joint/Partnership Property

105

*

Dishonest misappropriation of property possessed by deceased person

106

Dishonest misappropriation of property possessed by deceased person at the time of his death

106

Essential ingredients

106

Distinction between 'theft' and 'criminal misappropriation'

106

Q.

Discuss briefly the distinction between 'theft' and 'criminal misappropriation'

106

Ramaswami Nadar case

107

Q.

Discuss critically the law laid down in Ramaswami Nadar case

107

*

Criminal breach of trust

108

Q.

Define the expression the "criminal breach of trust"

108

Punishment for criminal breach of trust

108

Essential ingredients

108

Entrustment

108

Q.

Explain the term "entrustment"

108

Dominion over property

109

*

Breach of trust by carrier

109

Criminal breach of trust by carrier, etc.

109

*

Criminal breach of trust by clerk or servant

109

Criminal breach of trust by clerk or servant

110

*

Criminal breach of trust by public servant

110

Criminal breach of trust by public servant, or by banker, merchant or agent

110

Q.

What are the difference between "theft" and "criminal breach of trust"?

110

*

Case laws

110

Kailash Kumar case

111

Jaikrishandas Desai case

112

*

Cheating

112

Q.

Briefly define the term "cheating"

113

Essential ingredients of cheating

113

Q.

Discuss the essential ingredient of cheating

113

Dishonest intention

113

Deception

113

Fraudulent and dishonest

114

"Fraudulently"

114

Inducement

114

Any Property

114

*

Punishment for cheating

114

Punishment for cheating

114

*

Cheating by Personation

114

Cheating by personation

114

Q.

What do you mean by 'cheating by personation'?

115

Cheating one whom the accused was bound to protect

115

Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect

115

*

Punishment for cheating by personation

115

Punishment for cheating by personation

115

*

Cheating involving delivery of property

115

Cheating and dishonestly inducing delivery of property

115

Q.

X asked Y, a cement dealer, to deliver 200 bags of cement at the construction site of his house and promised to pay the price of cement at the time of delivery at the construction site. V sent V, his servant, with 200 bags of cement to deliver to X. X took the delivery telling V that he would reach the shop immediately and pay to the dealer personally. However, X failed to make payment for several days and a report was lodged with the Police by Y. What offence, if any, has X committed? Decide.

115

Q.

Would your decision differ if it is proved that X made all possible efforts to arrange for the payment after taking delivery of cement but failed?

116

Essential ingredients

116

Theft, Criminal misappropriation and cheating distinguished

116

Q.

Explain the distinction among terms theft, criminal misappropriation and cheating

116

*

Case Laws

117

Hridaya Ranjan case

117

Mahadeo Prasad case

117

Sri Bhagwan Maharaj case

118

CHAPTER 13

FALSE DOCUMENT OR ELECTRONIC RECORD

Making a false document

119

CHAPTER 14

CRIMES AGAINST WOMEN

*

Dowry and dowry related offences

122

Meaning of word 'dowry'

122

Q.

What do you mean by term 'dowry'?

122

*

Dowry Death

123

Dowry death

123

Q.

What is Dowry death as provided under section 304B I.P.C.?

123

Essential ingredients

123

Evidence in Dowry Death Cases

124

Meaning of expression 'soon before her death'

124

Q.

What do you mean by expression 'soon before her death'?

124

Presumption of Dowry Death

124

Kans Raj case

125

Q.

Critically examined the law laid down by the Supreme Court in Kans Raj Case

125

*

Cruelty by Husband and/or his Relatives

126

Object of Adding Section 498A

126

Husband or relative of husband of a woman subjecting her to cruelty

126

Q.

What do you mean by 'Cruelty' as defined under section 498A, I.P.C.?

126

Meaning of word 'Cruelty'

127

Essential Ingredients

127

*

Evidence as to Prove 'Cruelty'

127

Wilful conduct: meaning of

128

Harassment: meaning of

128

Distinction between sections 498A and 304B, I.P.C.

128

Q.

Discuss the distinction between section 498A and 304B, I.P.C.

129

Interrelation between sections 306 and 498A, I.P.C.

129

What does not amount to cruelty?

129

*

Case Laws

130

Pawan Kumar case

130

Shanti case

130

Satvir Singh case

131

Q.

Critically examine the law laid down by Satvir Singh case

132

*

Rape

132

Rape: Meaning of

132

Q.

What do you mean by term "Rape"?

133

Rape

133

Essential Ingredients

134

Q.

What are the essential ingredients to constitute an offence under section 375, I.P.C.?

134

'Against her will': Meaning of

134

Without her consent: Meaning of

134

Q.

Explain briefly the term 'consent'

134

Consent known to be given under fear or misconception

135

Consent of insane person

135

Consent of child

135

Consent obtained under 'fear'

135

Consent obtained by 'misrepresentation'

135

Consent obtained by 'fraud'

135

Consent: When obtained by deceitful means

136

Sexual intercourse with a woman under 16 years of age

136

Conviction without framing of charge

136

*

Medical Opinion

136

*

Delay in Lodging FIR

137

*

Character of Rape Victim

137

*

Burden of Proof in Rape Cases

137

*

Corroboration of Testimony

138

*

Attempt to Commit Rape

138

*

Punishment for Rape

138

Punishment for rape

138

Q.

What are the punishments provided for rape taking into account gravity and special nature of the case in the I.P.C.?

138

Custodial rape

140

Presumption as to absence of consent in certain prosecutions for rape

140

Gang rape

140

Sexual Intercourse not Amounting to Rape

141

Intercourse by a man with his wife during separation

141

Intercourse by public servant with woman in his custody

141

Intercourse by superintendent of jail, remand home, etc.

141

Intercourse by any member of the management or staff of a hospital with any woman in that hospital

142

*

Case Laws

142

Bodhisattwa Gautam case

142

Q.

What are broad parameters indicated by the Supreme Court in assigning the victim of rape?

143

Gurmit Singh Case

144

Bhupinder Sharma Case

145

Mathura Case

146

Q.

Critically analyse the Mathura case

146

CHAPTER 15

PROBLEMS AND SOLUTIONS ON THE INDIAN PENAL CODE

148

Table of Cases

157

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Section Index

163

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