WIXLIB

clauses in sections 299 and 300, IPC. To discuss the relevantjudicial decisions at the appropriate junctures.Week 5: to discuss the concepts of murder and culpable homicidewith the help of the ingredients of sections 299 and 300 of the IPCwith the help of the established doctrines of transferred malice andparts of the same transactions along with the cases.Week 6: to discuss the specific exceptions attached to section 300IPC and the discussion of section 304-A IPC - causation of deathby rash or negligent act, along with the cases.Week 7: to discuss the general exceptions in Chapter IV of the IPCand to discuss the exception of private defence in detail with thehelp of the cases.Week 8: to discuss the offences of kidnapping and abduction alongwith the cases while drawing out the main differences betweenthese crimes.Week 9: to discuss the sexual offence of rape with the help of thecases and suggested readings while highlighting the recentamendments in the IPC. Also to bring out the difference inapproaches of the IPC and POCSO Act.Week 10: to discuss the sexual offences under secs 354, 377 IPCand other recently modified/ inserted sections with the help of thecases and suggested readings while highlighting the recentamendments in the IPC.Week 11: to discuss the doctrine of combination of crimesindicating various types of complicity with crimes and discussingjoint liability under section 34, IPC and the judicial decisions.Week 12: to further discuss the doctrine of combination of crimesindicating various types of complicity with crimes and discussinggroup liability under sections 141 and 149, IPC and the judicialdecisions.Week 13: to discuss inchoate liability and the related provisions on

attempt in the IPC- sections 511, 307, 308 and 309 whiledescribing the tests on attempt and the judicial decisions.Week 14: to wind up attempts with the discussion on impossibleattempts. To start with the discussion on property offences in theIPC.Week 15: to discuss the property offences- theft, extortion, robberyand dacoity under the IPC and the relevant judicial decisions.Week 16: to discuss the property offences- misappropriation,criminal breach of trust and cheating under the IPC and therelevant judicial decisions.Facilitating the achievement of Course Learning OutcomesUnit CourseLearning Teaching andNo. OutcomesLearningActivity1.Students will learn Classroomaboutcivil and lectures classcriminalliability; presentations mens rea and strict field visit [ifliability.any, scheduledfor the week]2.Students will learn Classroomaboutthe lectures classimportanceof presentations gradation of mens field visit [ifreaandthe any, scheduleddifferentiationfor the week]betweentheoffences of culpablehomicidenotamountingtomurder and murder.AssessmentTasksAs given belowAs given below

3.Students will learnabout the specificexceptionstosection 300, IPC.4.Studentswillfurther learn aboutgradation of mensrea in criminality,concept of culpablenegligenceandcausation of deathby doing rash ornegligent acts.Students will learnaboutgeneraldefensces containedin the IPC withemphasis ontheright ofprivatedefence.Students will learnabout udents will learnaboutvarioussexualoffenceswith majorthruston the offence ofrape. They will alsolearn abouttheClassroom As given belowlectures classpresentations field visit [ifany, scheduledfor the week]Classroom As given belowlectures classpresentations field visit [ifany, scheduledfor the week]Classroom As given belowlectures classpresentations field visit [ifany, scheduledfor the week]Classroom As given belowlectures classpresentations field visit [ifany, scheduledfor the week]Classroom As given belowlectures classpresentations field visit [ifany, scheduledfor the week]

8.sexualoffencespenalised bytherecent2013AmendmenttoCriminal Laws.Students will learnabout the doctrinesof JointLiabilityand Group Liabilityin Criminal Law.9.Students will learnabout the doctrineof inchoate liabilityand thevarioustests on attempt.10.Students will learnabout the PropertyOffences of theft,extortion,robberyand dacoity.11.Students will learnabout the PropertyOffencesofmisappropriation,criminal breach oftrust and cheating.Classroomlectures classpresentations field visit [ifany, scheduledfor the week]Classroomlectures classpresentations field visit [ifany, scheduledfor the week]Classroomlectures classpresentations field visit [ifany, scheduledfor the week]Classroomlectures classpresentations field visit [ifany, scheduledfor the week]As given belowAs given belowAs given belowAs given belowIMPORTANT NOTE:The topics, cases and suggested readings given above are not exhaustive. TheCommittee of teachers teaching the Course shall be at liberty to revise thetopics/cases/suggested readings.

Ȁ ⸀Ā ᜀĀ ᜀĀ ᜀtudents are required to study/refer to the legislations as amended from time totime, and consult the latest editions of books.****

LL.B. I Term Examination, December 2015Law of Crimes–I : Question paperAttempt any five questionsAll questions carry equal marks.(a) Explain the rationale behind punishing a person guilty of a strict liabilityoffence in the absence of guilty mind.(b)Raghav Ram, a film actor, was returning from a party past midnight whenhe dozed off and the car that he was driving ran over two persons sleeping onthe pavement killing them and thereafter rammed into a pole. He was joltedout of sleep by the impact of the accident when his car hit the pole. Testsconfirmed high dosage of alcohol in his blood. Discuss his liability for thedeath of those two persons.2.(a)What are the circumstances wherein right of private defence of body extendsto voluntarily causing death?(b)Can a student leader on indefinite fast during a protest be forced-fed in orderto save his life? Discuss in the light of relevant case law.3.(a)A, a police sub-inspector, in exercise of his lawful powers goes to the houseof a murder suspect, B, to arrest him. The sub-inspector behaves in anunusually high-handed manner that provokes B. Due to this, B picks up akitchen knife lying nearby and thrusts it into the abdomen of A resulting ingrievous injury and ultimately death of A. During trial B pleads the defence ofgrave and sudden provocation. Decide.(b)A is attacked by Z, a person of unsound mind, who has a spear in his hand.In order to protect himself, A strikes Z with a stick on his head, resulting in hisdeath. During trial A pleads the right of private defence. Decide, with the helpof relevant legislative provision.Reshma, a 16 year old girl, fed up with her step-mother’s ill treatment and herfather’s stand of neutrality, writes a letter to her school principal complainingagainst the atrocities and requesting him to provide her shelter in his house.The principal assures her that he will talk to her parents, but in the meantime,Reshma leaves her house and goes to the principal’s house and begs him to

allow her to stay there and promises to do domestic work in return for thefavour. A week later Reshma is recovered from the Principal’s house. He ischarged under Section 363 for kidnapping from lawful guardianship. Discusshis liability.Would the position be any different if he had himself brought Reshma to hisplace, on receiving her letter, in order to save her from the ill-treatment of herstep-mother? Decide.Six persons enter a house at night to commit theft. While the others are busylooking for valuables on the ground floor of the house, one of them climbs upto the first floor of the house and finding the maid-servant sleeping alone thererapes her and threatens to kill her if she raises an alarm. Then, he comes downand joins his associates in the process of collecting valuables after which theyall leave the house. Discuss the liability of all of them for the offences of theftand rape.(a)What offence, if any, has been committed by X in the following:(i)X finds a gold ring lying on the road. He picks it up and sells it for Rs. 5000.(ii)Y deposited her pearl necklace with X. X substituted the genuine ones withimitation pearls.Write short notes on any two:StalkingVoyeurismDisrobing(a) “Dishonest intention is the gist of the offence of theft.” Explain. Alsodiscuss how extortion is different from the crime of theft.“Rape is a question of Law.” Explain the essentials of the crime of rape.How is this law different from the law against sexual assault provided underthe POCSO Act?Discuss the liability of X in the following. Attempt any two out of the three.(a) X stabs B who is five year old son of A in his leg due to which there issignificant blood loss. Doctors advise blood transfusion. A refuses to get itdone since his religious belief doesn’t allow the same. B dies after three daysdue to extreme blood loss.

X is learning shooting. Despite being cautioned against practicing in crowdedplaces, he fires shots at his dummy target after placing it in a crowded street. Ashot from his gun hits a person there causing his death.X and B are sworn enemies. One day, finding B alone, X gives him a deepwound in his chest with the help of a sharp dagger that pierces his heart andcauses his death.LL.B. I Term Examination, December 2014Law of Crimes–I : Question paperAttempt any five questions. All questions carry equal marks.(a) The fundamental principle of criminal liability is that, “there must bewrongful act combined with wrongful intention”. Elaborate.Having taken loan from Areal Bank, A purchased a vehicle. A was to payregular monthly instalments. Failure to pay two consecutive instalments wouldresult in impounding of vehicle by the Bank. A went abroad and could not paythree instalments. On his return, he found that the vehicle parked in thepremises was taken by the Bank through their musclemen, without his consent.What, if any, offence has been committed by the Bank.2.(a) Arguments between X ((husband) and W (wife) on repayment of loan to theBank, turned ugly. Husband slapped his wife and not satisfied with this threwa burning stove (kerosene oil) on her. The oil with flame resulted into fire inwhich the wife was engulfed. Husband tried to dose it off. However, the burninjuries were beyond 70% which resulted into death of the wife four days laterin the hospital. Determine the liability of the Husband X in the case.Annoyed due to insufficient dowry brought by X, her mother-in-law andhusband deliberately starved and ill treated her by locking in a room. As aresult X’s health deteriorated. One day she managed to escape to reach to ahospital where she was admitted. Doctor refused the request of her husband tosend her home in such a critical condition. It took more than 10 months for thelady to recover. Discuss the offence the mother-in-law and husband havecommitted. Give reasons to support your answer.3.(a) Due to rivalry arising out of landed property between A and B, A causedmultiple injuries to B and various parts of body to teach him a lesson. B wasadmitted to the hospital, where he was treated and discharged. When B was on

his way to recovery, he became negligent about his medicines. He, therefore,developed fever and septic of two wounds. B died a week later. State theliability of A. Cite relevant legal provisions and decided cases.Accused X was running a bus at a high speed on a dusty and damaged road.While negotiating a curve with the same speed, without applying brakes, thebus over turned, killing a pedestrian and injuring some of the passengers.Prosecution is interested to prosecute X under Section 304-A of IPC. Can theydo so and will they succeed? Give reasons.(a) Due to breaking of communal riots between community A and B, membersof community A caused loot, plunder and fire of the property belonging tomembers of community B. X, who was a member of community B was alsotargeted. He tried to remain within closed door, to save himself and his family.However, the mob reached and started knocking at his door. Before the mobcould enter, X fired from his licensed revolver and killed a member out of themob. Mr. X is charged of murder, however he pleads his right of privatedefence against his charge. Can he do so? Give reasons.Discuss statutory limitations on the exercise of right of private defence aslaid down in the Indian Penal Code.5.(a) Mr. B and Ms. A who were class fellows from class Xth, developedinfatuation towards each other. They carried the relationship for 6 long yearstill the boy did his master’s course and was employed in good multinational.They had promised to marry each other and were firm to do so, knowing fullywell they belonged to different castes. On the basis of this promise and longrelationship they entered into sexual relationship many a times.However, finally, when boy disclosed it to his parents, they refused to do so onthe basis of caste. They threatened the boy of social ostracisation and evendeath of both of them in case they do the same. Compelled by these reasons,the boy married another girl. A charges the boy B of having committed rapewith her. Decide the fate of B.Write short notes on any two of the following:Voluntarily causing grievous hurt by acid attackVoyeurismStalkingA young girl was left to live with his maternal grandfather, as the relationshipbetween her mother and father were strained. One day the father (F) visited the

himself where she was kept and took her with him for a picnic. Mother (M) onreaching home (the place where she was living), found that minor daughter hasbeen taken away without her or maternal grandfather’s consent. She files anFIR, where she alleges that her daughter has been kidnapped. Advise her aboutthe success of her case.(a) “Establishment of an overt act is not a requirement of law to allow section34 to operate in as much as the section gets attracted when a criminal act isdone by common intention of all.” Explain.A, B, C, D and E, all members of an unlawful assembly, decided to attackX, who was member of a rival political party. Each one of them was explainedthat the attack should not exceed to cause the death. While all of them went onone night to attack X, on reaching D and E found that Mr. X is the sameperson who has deprived them earlier of some rightful claim, hence theydecided to take revenge from him(X). While A, B and C attacked X by usinghockey sticks, D and E had hidden pistol, they directly shot X dead. Can A, B,C, D and E be held guilty under Section 149 of the Indian Penal Code. Explainyour answer.Write notes on the following:Grave and Sudden ProvocationImpossible attemptsDistinction between kidnapping and abduction

GENERAL INTRODUCTIONNATURE AND DEFINITION OF CRIME I. NATURE OF CRIMEWHAT IS A CRIME? We must answer this question at the outset. In order toanswer this question we must know first, what is law because the twoquestions are closely inter-related. Traditionally, we know a law to be acommand enjoining a course of conduct. The command may be of a sovereignor of political superiors to the political inferiors; or it may be the command ofa legally constituted body or a legislation emanating from a duly constitutedlegislature to all the members of the society. A crime may, therefore, be an actof disobedience to such a law forbidding or commanding it. But thendisobedience of all laws may not be a crime, for instance, disobedience of civillaws or laws of inheritance or contracts. Therefore, a crime would meansomething more than a mere disobedience to a law, "it means an act which isboth forbidden by law and revolting to the moral sentiments of the society."Thus robbery or murder would be a crime, because they are revolting to themoral sentiments of the society, but a disobedience of the revenue laws or thelaws of contract would not constitute a crime. Then again, "the moralsentiments of a society" is a flexible term, because they may change, and theydo change from time to time with the growth of the public opinion and thesocial necessities of the times. So also, the moral values of one country may beand often are quite contrary to the moral values of another country. To cite afew instances, heresy was a crime at one time in most of the countries of theworld, because in those days it offended the moral sentiments of the society. Itwas punished with burning. But nobody is punished nowadays for his religiousbeliefs, not even in a theocratic state. The reason is obvious. Now it does notoffend the moral sentiments of the society. Adultery is another such instance.It is a crime punishable under our Penal Code, but it is not so in some of thecountries of the West. Then again suttee, i.e., burning of a married woman onthe funeral pyre of her deceased husband, was for a long time considered to bea virtue in our own country, but now it is a crime. Similarly, polygamy was nota crime in our country until it was made so by the Hindu Marriage Act, 1955.This Act, it may be stated, does not apply to Mohammedans or Christians. ButChristians are forbidden to practise polygamy under their law R.C Nigam, LAW OF CRIMES IN INDIA25-37(1965)

of marriage, while Mohammedans are yet immune from punishment forpolygamy. All these instances go to show that the content of crime changesfrom time to time in the same country and from country to country at the sametime because it is conditioned by the moral value approved of by a particularsociety in a particular age in a particular country. A crime of yesterday maybecome a virtue tomorrow and so also a virtue of yesterday may become acrime tomorrow. Such being the content of crime, all attempts made from timeto time beginning with Blackstone down to Kenny in modern times to define ithave proved abortive. Therefore, the present writer agrees with Russell whenhe observes that "to define crime is a task which so far has not beensatisfactorily accomplished by any writer. In fact, criminal offences arebasically the creation of the criminal policy adopted from time to time bythose sections of the community who are powerful or astute enough tosafeguard their own security and comfort by causing the sovereign power inthe state to repress conduct which they feel may endanger their position".But a student embarking on study of principles of criminal law mustunderstand the chief characteristics and the true attributes of a crime. Though acrime, as we have seen, is difficult of a definition in the true sense of the term,a definition of a crime must give us "the whole thing and the sole thing,"telling us something that shall be true of every crime and yet not be true of anyother conceivable non-criminal breach of law. We cannot produce such adefinition of crime as might be flexible enough to be true in all countries, in allages and in all times. Nevertheless, a crime may be described and its attributesand characteristics be clearly understood. In order to achieve this object, wepropose to adopt two ways, namely, first, we shall distinguish crime from civiland moral wrongs, and secondly, we shall critically examine all the definitionsconstructed by the eminent criminal jurists from time to time.DISTINCTION BETWEEN MORAL, CIVIL AND CRIMINALWRONGSIn o

Syed Shamsul Huda, The Principles of the Law of Crimes in British India (1902) K.N. Chandrasekharan Pillai, General Principles of Criminal Law (2 nd ed., 2011) UNITS Unit 1 : Principle of Mens Rea and Strict Liability 5 Lectures Common Law principle of actus non facit reum, nisi mens sit rea and exceptions to this principle - strict liability .