Describe any two and distinguish between the following: [MPCJ 2019] (1) Cheating & Criminal breach of trust. Ans. Section 415 and 405 of the IPC respectively defines the offence of cheating and criminal breach of trust. Both are offences against the property but they differ as under:- (2) Abetment & Criminal conspiracy. Ans. Both abetment …
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What is an ‘ Unlawful Assembly’? Who is said to be the member of 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 149? [MPCJ 2019] Ans. In …
State with reasons, what offence, if any, has been committed by ‘A’ in following cases [MPCJ 2018] (i) ‘A’ finds valuable ring on the road. He picks it up and sell immediately? Ans. The explanation No. (II) of Section 403 of the IPC prescribes the duty and liability of the finder of goods of any …
Define Criminal Intimidation? How Criminal Intimidation is different from extortion? [MPCJ 2018] Ans. In layman’s perspective, the ‘criminal intimidation’ means giving threat with an intention to cause any injury to any person or his reputation or property. Section 503 of the IPC specifically defines criminal intimidation and the same is made punishable under section 506 …
What do you mean by term Criminal Conspiracy? How is it punishable? Discuss differences between Criminal liability under section 34 IPC and criminal conspiracy under section 120A IPC. [MPCJ 2017] Ans. In the original I.P.C., the criminal conspiracy in the stictu sensu was absent. It existed only by way of abetment under section 107-clause secondly …
When offence falls under Sec. 304 Part (I) and when falls under Sec. 304 Part (II) of I.P.C.? Discuss. [MPCJ 2017] Ans. The term ‘culpable homicide is defined u/s 299 IPC and ‘Murder’ is defined u/s 300 IPC. Illustratively, the culpable homicide is a full circle out of which when additional condition of the section …
What is private defence? When does the right of private defence of the body extend to cause death? [MPCJ 2016] Ans. Right of private defence is essentially a defensive right and acknowledges the need of self-preservation because the vigilance of magistrate can never make up for the vigilance of each individual on his own behalf. …
What do you mean by “Common Intention”? How does it differ from “Common Object”? [MPCJ 2016] Ans. Section 34 of the IPC is based on an English case Reg vs Cruse 1838 SC & P 541. It simply lays down a rule of evidence and does not create any substantive offence. Under it, the basis …
What is extortion? How it differs from theft? Describe with illustration. [MPCJ 2015] Ans. The offence of extortion as provided under section 383 of IPC is carried out by overpowering the will of the complainant. In order to complete the offence of extortion, the essential ingredients happen in following three stages:- Difference:- Both extortion and …
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Distinguish between ‘giving false evidence and fabricating false evidence’? [MPCJ 2015] Ans. Section 191 and 192 of IPC respectively defines the offence of giving of false evidence and fabricating of false evidence. The aforesaid both offence is punishable under section 193 of IPC with same amount of punishment. But, with reference to ingredient of offence, …
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What is criminal trespass? Whether the offence of criminal trespass can be committed with respect to a movable property? Explain with example. [MPCJ 2014] Ans. Criminal Trespass:- The definition of ‘Criminal trespass’ in Black’s Law Dictionary is stated as “A person who enters on the property of another without any right, lawful authority or an …
Describe the offences relating to “trafficking of person” and exploitation of a “trafficked person”? [MPCJ 2014] Ans. In the aftermath of Delhi gang-rape ‘Nirbhaya’ case which shook the conscious of nation, a Committee under the Chairmanship of late former Chief Justice of India J. S. Verma constituted to amend several provisions of IPC. Subsequent to …
Describe the offences of Voyeurism & Stalking. [MPCJ 2013] Ans. In the aftermath of Delhi gang-rape ‘Nirbhaya’ case which shook the conscious of nation. The government of Indian constituted a committee led by retired Chief justice of India Shri J. S. Verma to suggest changes in the law governing sexual assault on women. Subsequent to …
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What is defamation? What are the essential ingredients to constitute an offence of defamation? Explain its exceptions. [MPCJ 2013] Ans. Sections 499 of the IPC provides for defamation and the same is punishable under Section 500 IPC. A special provision under section 199 of the Cr.P.C has also been laid down for presentation of complaint …
What is criminal misappropriation? How it differs from criminal breach of trust and cheating ? [MPCJ 2012] Ans. The offence of criminal misappropriation consists in dishonest misappropriation or conversion either permanently or temporarily of movable property which is already in the possession of the offender. Such possession of the property may have earlier come to …
Describe the offences relating to marriage? [MPCJ 2012] Ans. Chapter XX of the IPC specifically deals with offences relating to marriage. The rationale is to preserve the sanctity of marriage. Unlike other criminal offences, the locus standi to make complain of such offences has been restricted only to the aggrieved person under section 198 of …
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Define the term criminal conspiracy? What are its essential ingredients? What is difference between abetment and criminal conspiracy. [MPCJ 2011] Ans. In the original I.P.C., the criminal conspiracy in the sticto sensu was absent. It existed only by way of abetment under section 107-clause secondly of the IPC. Subsequent to addition of Sec. 120 A …
Discuss the scope of the right to private defence of the body under the penal code. Can an accused person rely on the plea of such private defence without specifically pleading it? Support your answer with the help of decided cases. [MPCJ 2011] Ans. Right of private defence is essentially a defensive right and acknowledges …
(i) Distinguish between Dishonestly and Fraudulently. Ans. ‘Dishonestly’ and ‘fraudulently’ are defined in Sections 24 and 25 of the Penal Code respectively. Both words dishonestly and fraudulently appear simultaneously in several offences such as cheating under section 415 of the IPC, forgery under section 463 of the IPC and counterfeit of coins under section 246 …
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 Fact” and “Mistake of law”. These provisions categorically state that if someone by reason 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 defamatory. The provided exceptions are as under when an accused even after making defamatory statement …
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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 one of the recognised mode of abetment is by way of engaging in conspiracy. Subsequent …
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 149 ? [MPCJ 2009] Ans. In a group liability pertaining to an unlawful assembly a …
Whether the provision of Section 27 of the Evidence Act is most misused weapon in the hands of police? If yes, what is required to be done? Ans: Using force to compel statements leading to discovery is the root of the problem lies in a highly anomalous provision contained in the Evidence Act, namely Section-27. …
Whether the provision of Section 27 of Evidence Act is constitutionally valid? Ans: In the case of JETHIYA V/S. STATE – reported in AIR 1955 Raj 147, it has been held that this Section is not void under Art. 13(1) of the Constitution, as being repugnant to Art. 20(3) of the Constitution, under which ‘no …
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