Explain and illustrate the proposition that mistake of fact is a good defence while mistake of law is no defence in the code [MPCJ 2010] Ans. Section 76 and 79 of the IPC draw distinction between the expressions “Mistake of…
What legal pleas are open to a person charged with defamation? [MPCJ 2009] Ans. Section 499 IPC defines the offence of defamation with specificity and particularity and enumerates ten broad Exceptions when statements against a person will not be considered…
Briefly state the distinction between the following concepts. (i) Abetment and criminal conspiracy (ii) Assault and using criminal force [MPCJ 2009] (i) Abetment and criminal conspiracy Ans. Both abetment and criminal conspiracy are inchaote offence. Under section 107 clause secondly…
What is an ‘Unlawful Assembly’ ? When is a member of an unlawful assembly constructively liable for the offence committed by any other member of that Assembly ? Can less than five persons be convicted with the aid of Section…
Difference Between Riot, Affray and Assault Riot Affray Assault 1. Riot is a violent outburst of unlawful assembly of the people. Affray is a fight in a public place, especially one that disturbs people. Assault is a violent and sudden…
INDIAN PENAL CODE Question : Can an offence committed outside India, be tried in India under Indian criminal law (IPC, Cr. PC)? Explain in the light of case law. Section 188 Code of Criminal Procedure provide that Indian courts are…
INDIAN PENAL CODE, 1860 ADMIRALTY JURISDICTION The jurisdiction to try offences committed on the high seas is known as the admiralty jurisdiction. It is premised on the principle that a ship on the high seas is a floating island belonging…
INDIAN PENAL CODE, 1860 EXTRA TERRITORIAL JURISDICTION EXTRA TERRITORIAL JURISDICTION Section 3 and 4 deal with extra-territorial operation of the IPC. Provisions of these sections extend the jurisdiction of courts in India over citizens of India beyond the territorial limits…
INDIAN PENAL CODE, 1860 JURISDICTION JURISDICTION (Sec 1 to 5) The Penal Code, by virtue of Section 1 extends to the whole of India. The territory of India comprises: (a) the territories of the States; (b) the ‘Union Territories’ specified…
INDIAN PENAL CODE, 1860 INTRODUCTION AND HISTORY Arthasastra, Manu Smriti and Yajnavalkya Smriti are the three leading law codes of ancient India. However, it is Manu Smriti or the Code of Manu which contains ordinances relating to law. The first…