LAW OF CRIMES Related Short Answer

PAPER – IV:

LAW OF CRIMES.

Unit- I

1. Concept of Crime

Crime is a wrongful act or omission prohibited by law and punishable by the State. It is not just a violation of individual rights but also an offence against society and public order. The primary aim of criminal law is to maintain social discipline, protect life and property, and deter harmful conduct. A crime involves both physical action (Actus Reus) and a guilty mind (Mens Rea). The law recognizes crime as an act against the public interest, requiring State intervention and punishment.

2. Definition and Meaning of Crime

Crime has no universally accepted definition. In general, a crime is any act or omission that violates a legal duty and is punishable by the law. According to Stephen, “Crime is an act forbidden by law and for which a punishment is prescribed.” The Indian Penal Code (IPC) does not explicitly define ‘crime’, but it lays down what constitutes an offence and provides punishments. Crime is distinguished from moral or religious wrongs by its legal recognition and punishment by the State.

3. Distinction between Crime and Tort

Basis	Crime	Tort
Nature	Public wrong	Private wrong
Purpose	Punishment	Compensation
Proceedings	State vs. Accused	Plaintiff vs. Defendant
Burden of Proof	Beyond reasonable doubt	Preponderance of probability
Example	Theft, murder	Defamation, nuisance

Crimes are prosecuted by the State, while torts are civil wrongs addressed by individuals seeking compensation.

4. Stages of Crime

Crime develops through four main stages:

Intention – mental decision to commit a crime.
Preparation – arranging tools or planning.
Attempt – execution begins, but crime is not completed.
Commission – actual completion of the crime.

Only attempt and commission are usually punishable, while intention and preparation are not, except in exceptional cases.

5. Intention as Stage of Crime

Intention refers to the mental resolution to commit a crime. It is the earliest and internal stage of crime. Though it is essential to determine criminal liability, mere intention without any action is not punishable. Courts often infer intention from the conduct of the accused and surrounding circumstances. However, certain offences like conspiracy or sedition may consider intention punishable if coupled with some overt act.

6. Preparation as Stage of Crime

Preparation means arranging means or measures necessary to commit a crime. For example, buying poison to kill someone. In most cases, preparation is not punishable because it is difficult to distinguish between lawful and unlawful acts at this stage. However, exceptions include preparation to wage war, counterfeit currency, etc., which are punishable even at this stage.

7. Attempt as Stage of Crime

An attempt is a direct movement towards the commission of a crime after preparation. It is punishable under Indian law. For example, if a person fires a gun intending to kill, but misses the target, it is an attempt to murder under Section 307 IPC. The law punishes the attempt because it shows clear criminal intent and action.

8. Commission of Crime

When all elements of crime are fulfilled, and the offence is completed, it is the stage of commission. This is when the criminal act is done successfully, like murder, theft, or robbery. At this stage, the person is fully liable for the offence, and the punishment is imposed as per the IPC.

9. Elements of Crime

There are primarily two elements of crime:

Actus Reus – the physical act or omission.
Mens Rea – the mental intention or guilty mind. For a crime to be established, both elements must be proven, unless it is a strict liability offence. The prosecution must show that the accused committed the act with the required mental state.

10. Actus Reus

Actus Reus means “guilty act” and refers to the physical component of a crime. It includes an act, omission, or a state of affairs that is forbidden by law. For example, causing death by stabbing. In cases of omission, like failure to provide food to a dependent child, Actus Reus is also established.

11. Mens Rea

Mens Rea means “guilty mind.” It refers to the mental element or intention behind the act. Without a guilty mind, there can be no crime (except in strict liability offences). Types of Mens Rea include intention, knowledge, recklessness, and negligence. Mens Rea ensures that only morally blameworthy acts are punished.

12. Codification of Law of Crimes in India

Before codification, criminal law in India was based on various personal laws and customs. The Indian Penal Code (IPC), 1860, drafted by Lord Macaulay, was the first comprehensive codified criminal law. It unified criminal law across India and laid down general principles, definitions, and punishments for various offences. It is still the backbone of criminal law in India.

13. Application of the Indian Penal Code

The IPC applies to the whole of India, including Jammu and Kashmir (after abrogation of Article 370). It governs all citizens and persons within Indian territory. It includes provisions for general exceptions, punishments, abetment, and offences against the body, property, public tranquility, etc. It also applies to armed forces under special circumstances.

14. Territorial and Extra-Territorial Application of IPC

Section 1 of IPC applies it to the whole of India.
Section 2: IPC applies to any offence committed within India.
Section 3: Allows trial of foreign nationals who commit offence outside India but are found in India.
Section 4: IPC also applies to:

Indian citizens outside India.
Offences on Indian ships or aircraft.
This reflects the extra-territorial jurisdiction of Indian criminal law.

15. General Explanations and Punishments under IPC

Chapter II of IPC (Sections 6–52A) provides general explanations like definitions of “man,” “woman,” “death,” “injury,” and “good faith,” which apply throughout the Code.
Punishments under IPC (Section 53) include:

Death penalty
Life imprisonment
Imprisonment (rigorous or simple)
Forfeiture of property
Fine
These punishments aim at deterrence, retribution, reform, and protection of society.

16. Importance of Codification of Criminal Law

Codification ensures uniformity, clarity, and accessibility of criminal laws. Before the Indian Penal Code (IPC) 1860, India’s criminal justice system was fragmented and based on local customs and religious laws. Lord Macaulay’s codification aimed to create a comprehensive, secular, and modern criminal code. The IPC brought all substantive criminal law under one codified statute, which continues to form the backbone of criminal law in India. Codification has simplified the legal process and made it easier for judges, lawyers, and citizens to understand and apply the law.

17. Difference between Cognizable and Non-Cognizable Offence

Cognizable Offence: Police can arrest without a warrant and begin an investigation without court permission (e.g., murder, rape).
Non-Cognizable Offence: Police need permission from a magistrate to investigate (e.g., defamation, public nuisance).
This classification is based on the gravity of the offence. Cognizable offences are more serious and threaten public peace or life, while non-cognizable offences are relatively minor.

18. Difference between Bailable and Non-Bailable Offence

Bailable Offence: Accused has the right to be released on bail (e.g., simple hurt).
Non-Bailable Offence: Bail is at the discretion of the court (e.g., murder, kidnapping).
The classification is essential for determining the liberty of the accused and balancing it with public safety and justice.

19. Types of Punishments under IPC

Under Section 53 of IPC, five kinds of punishments are prescribed:

Death penalty
Life imprisonment
Imprisonment (rigorous or simple)
Forfeiture of property
Fine
These punishments serve various purposes: deterrence, retribution, prevention, and reform. The judiciary applies them depending on the nature and severity of the crime.

20. Strict Liability in Criminal Law

Strict liability refers to offences where Mens Rea (guilty mind) is not required. A person can be punished even if there was no intention to commit the offence. These are usually regulatory offences like pollution, food adulteration, or traffic violations. The aim is public welfare, and liability arises from the act alone.

21. Joint Liability in Criminal Law (Common Intention – Sec. 34 IPC)

Section 34 IPC lays down the principle of joint liability where several persons act with a common intention to commit a crime. Even if a person did not commit the actual act, he can be held equally liable if he shared the intention and participated in the plan. This ensures that all conspirators face justice.

22. Criminal Conspiracy – Section 120A IPC

Criminal conspiracy is when two or more persons agree to do an illegal act or a legal act by illegal means. Mere agreement is punishable under Section 120B IPC, even if no act is done. It differs from abetment, which requires some overt act. Conspiracy can be punishable even at the preparation stage.

23. Abetment under IPC

Abetment means instigating, aiding, or engaging in a conspiracy to commit an offence. Sections 107 to 120 of IPC deal with abetment. Abettor is punished even if the offence is not committed, under certain conditions. There are three forms:

Instigation
Conspiracy
Intentional aid

24. Difference between Attempt and Preparation

Preparation: Arranging means to commit a crime (e.g., buying a weapon). Not punishable except in certain cases.
Attempt: Direct step towards execution of a crime. Punishable.
Attempt shows a more immediate threat to society and is closer to the completed offence.

25. Attempt to Commit Suicide – Section 309 IPC

Under Section 309 IPC, attempting suicide is punishable with imprisonment up to 1 year or fine or both. However, the Mental Healthcare Act, 2017 presumes that such persons suffer from mental illness and should be given treatment, not punishment. This reflects a reformative approach.

26. Corporate Criminal Liability

Companies can also be held criminally liable for offences such as fraud, environmental damage, or tax evasion. While they cannot be imprisoned, they can be fined. Responsible individuals (e.g., directors) may also be prosecuted. The concept balances economic accountability with criminal justice.

27. Types of Mens Rea

Mens Rea, or guilty mind, has various forms:

Intention – most serious and punishable form.
Knowledge – awareness of consequences.
Recklessness – ignoring probable consequences.
Negligence – failing to take reasonable care.
Each form indicates a different level of mental culpability and affects punishment severity.

28. Omissions as Crime

In certain cases, failure to act (omission) is punishable. For example, if a parent fails to feed a child, leading to death, it is criminal negligence. Omission becomes a crime only when there is a legal duty to act and the person fails to do so.

29. Importance of General Exceptions (Chapter IV IPC)

Sections 76 to 106 IPC lay down general exceptions where acts are not considered offences, e.g.:

Mistake of fact
Accident
Consent
Private defence
Insanity
These exceptions protect innocent acts and uphold justice by considering surrounding circumstances.

30. Principle of Legality in Criminal Law

This principle means “no crime without law, no punishment without law.” A person can only be punished if there is a law in force at the time of the act. It ensures fairness and prevents retrospective criminal liability. This is enshrined in Article 20(1) of the Indian Constitution.

Unit-II

1. What are General Exceptions under the Indian Penal Code?

General Exceptions are legal defenses provided under Sections 76 to 106 of the IPC. These provisions protect individuals from criminal liability when they commit an act under certain justified circumstances. These include situations like mistake of fact (Sections 76–79), judicial acts (Section 77), accident (Section 80), necessity (Section 81), unsoundness of mind (Section 84), intoxication (Sections 85–86), acts done under duress (Section 94), and acts of private defence (Sections 96–106). These exceptions are based on the principle that no man should be punished if he had no guilty mind (mens rea) or acted under unavoidable compulsion. Courts have a duty to consider these exceptions even if the accused does not specifically plead them. They play a crucial role in ensuring that innocent or mentally incapable individuals are not punished under criminal law.

2. What is the difference between mistake of fact and mistake of law under IPC?

Under IPC, Section 76 and 79 provide protection to an accused who acts under a mistake of fact, believing in good faith that he is bound or justified by law. Mistake of fact occurs when a person misinterprets a fact, such as mistakenly believing someone to be a thief and using force in self-defence. In such cases, the person is not held liable. In contrast, mistake of law is not a defense. The principle “ignorantia juris non excusat” means ignorance of the law is no excuse. If a person commits an act prohibited by law, claiming ignorance of the legal provision, he will still be held guilty. The rationale is that citizens are expected to know the law of the land. Thus, only mistake of fact is a valid defense, not mistake of law.

3. Explain the right of private defence under IPC.

The right of private defence is a crucial general exception under Sections 96 to 106 of IPC. It allows a person to protect himself, his property, or another person against unlawful aggression. The right is available when there is an imminent threat and state protection is not immediately available. It extends even to causing death if the offence against the person is of a serious nature, like robbery, rape, or murder. However, the use of force must be proportional and not excessive. Once the threat ends, the right ceases. Section 100 specifically mentions situations where the right extends to causing death. This provision ensures that individuals are not helpless in the face of danger and can take necessary steps for their own protection without fear of legal punishment.

4. Discuss the defence of insanity under criminal law.

Section 84 of the IPC provides the defence of insanity, stating that nothing is an offence if the person, due to unsoundness of mind, was incapable of knowing the nature of the act or that it was wrong or contrary to law. This is based on the McNaughten Rule, which originated from English law. The accused must prove that he was suffering from mental illness at the time of the offence and lacked the mental capacity to understand his actions. Mere medical history or abnormal behaviour after the incident is not sufficient. Courts require clear evidence of insanity during the commission of the act. This provision ensures that criminal liability is based on a guilty mind (mens rea) and protects those who are incapable of forming such intent due to mental illness.

5. Define abetment under the Indian Penal Code.

Abetment is defined under Section 107 of the IPC. A person abets the doing of a thing when he: (1) instigates someone to do it; or (2) engages in a conspiracy to do it; or (3) intentionally aids someone in doing it. Abetment is different from the principal offence but is equally punishable under Sections 109 to 120. The person abetting need not be present at the scene of crime. The essence lies in encouraging or facilitating the offence. For example, giving directions or supplying weapons can amount to abetment. Abetment is a preparatory act, but when combined with an actual offence, it attracts criminal liability. The law punishes abetment to discourage incitement and indirect participation in criminal acts.

6. What are the essential ingredients of abetment?

The essential ingredients of abetment are:
(i) Instigation – Actively provoking or inciting someone to commit a crime.
(ii) Conspiracy – Agreement between two or more persons to commit an offence.
(iii) Intentional Aid – Assisting the principal offender through acts or omissions.

The person must have the intent to abet and take active steps to further the commission of the offence. Mere knowledge of a crime is not enough; there must be an element of encouragement or help. For example, providing a weapon or planning an escape route are forms of aid. The abetment may happen before or during the commission of the offence. However, for criminal liability, the abetment must be connected to the actual offence. This ensures that people who indirectly help in crime cannot escape liability.

7. What is the punishment for abetment under IPC?

The punishment for abetment is provided under Sections 109 to 120 of the IPC. If an offence is committed as a result of abetment, the abettor is punished with the same punishment as the principal offender under Section 109. Even if the abettor is not present at the crime scene, he can be held liable. If the abetted act is not committed, Section 115 and 116 provide punishment for abetment of offences punishable with death or life imprisonment. Abetment of suicide under Section 306 is a specific form of abetment punishable with imprisonment up to 10 years. Thus, abetment is treated as a serious offence in Indian criminal law, particularly when it leads to grave consequences.

8. Define criminal conspiracy under IPC.

Criminal conspiracy is defined under Section 120A of the IPC. It means an agreement between two or more persons to do (i) an illegal act, or (ii) a legal act by illegal means. Unlike abetment, mere agreement is sufficient for the offence; no overt act is needed if the conspiracy is to commit an illegal act. Criminal conspiracy is a distinct and substantive offence. For example, planning a terrorist attack or agreeing to bribe a public servant would amount to conspiracy. The intention and agreement form the crux of the offence. Section 120B provides punishment for criminal conspiracy, which is equal to the main offence if the conspiracy is for a serious crime. The provision helps law enforcement deal with organized crime and collective criminal behaviour.

9. How is criminal conspiracy different from abetment?

While both criminal conspiracy and abetment involve more than one person and aim at committing an offence, there are key differences.
(i) In abetment by conspiracy, the offence must be committed in pursuance of the conspiracy and an act must be done.
(ii) In criminal conspiracy (Section 120A), mere agreement to commit an illegal act is punishable, even if no act is done.

Further, conspiracy is a substantive offence in itself, whereas abetment requires the occurrence of the main offence for punishment under Section 109. Also, the number of persons in criminal conspiracy must be two or more, while for abetment, even one person may instigate or aid. Thus, conspiracy is broader and focuses on the danger posed by group criminal intent.

10. What is meant by ‘waging war against the Government of India’?

Section 121 of IPC deals with the offence of waging war against the Government of India. It includes attempts or preparations to overthrow the government using force, violence, or arms. It may involve organized attacks against the State, revolutions, or insurgencies. The offence is very serious and is punishable with death or life imprisonment and a fine. The term “war” does not necessarily mean a formal war; it includes rebellion, mutiny, and other acts aimed at destabilizing the government. For example, participation in armed militant movements against the state would amount to waging war. This provision protects the sovereignty and stability of India from internal and external threats.

11. What is Sedition under Section 124A of the IPC?

Sedition is defined under Section 124A of the Indian Penal Code. It criminalizes any act, speech, or writing that attempts to bring hatred, contempt, or disaffection against the Government of India. Disaffection includes disloyalty and feelings of enmity. The punishment can extend up to life imprisonment with a fine. However, mere criticism of government policies without inciting violence or public disorder is not sedition. In Kedar Nath Singh v. State of Bihar (1962), the Supreme Court clarified that sedition applies only when there is incitement to violence or public disorder. The provision is controversial, as it is often alleged to be misused against dissenters. Though still part of IPC, its application is limited by constitutional safeguards under Article 19(1)(a) (freedom of speech) and subject to reasonable restrictions under Article 19(2).

12. What is the offence of collecting arms to wage war against the State?

Under Section 122 of IPC, collecting arms, ammunition, or men with the intention of waging war against the Government of India is a punishable offence. Even preparation with such intention is sufficient to attract liability. The punishment is life imprisonment or imprisonment up to 10 years and a fine. This provision is preventive in nature and aims to suppress threats before they materialize. For example, if a group is caught storing weapons and planning to attack government installations, they can be charged under this section even if the attack is not carried out. The section protects national security by punishing preparatory acts that threaten the state’s sovereignty and public order.

13. Explain the offence of ‘Assaulting High Officials’ under IPC.

Section 124 of the IPC criminalizes assault or use of criminal force against the President, Governor, or any public servant with the intent to compel or restrain the exercise of any lawful power. The offence is punishable with imprisonment up to seven years and a fine. The section protects high-ranking constitutional functionaries from threats or physical coercion in the discharge of their official duties. It includes not just actual physical attack but also attempts or gestures intended to instill fear or prevent the official from performing his functions. This provision ensures the dignity and independence of high offices in the democratic framework of India.

14. What is an Unlawful Assembly under Section 141 IPC?

An unlawful assembly is defined in Section 141 of the IPC as a gathering of five or more persons with a common object to commit an offence or disturb public peace. The common objects include using criminal force, resisting lawful authority, or compelling someone to do or not do something unlawfully. If an assembly initially lawful later adopts such an objective, it becomes unlawful. The law punishes both members and those who continue in such an assembly knowing its unlawful character. This provision helps in maintaining public peace and preventing mob violence. It forms the basis for charges like rioting or causing public disorder.

15. What is Rioting under Section 146 IPC?

Rioting is an offence defined under Section 146 IPC. It occurs when an unlawful assembly, as defined in Section 141, uses force or violence to achieve its common object. Each member of such assembly is guilty of rioting, whether or not they individually used force. Rioting may include stone pelting, attacking public property, or assaulting individuals. The basic punishment under Section 147 is imprisonment up to 2 years or fine or both. If deadly weapons are used, Section 148 prescribes harsher punishment. Rioting is a serious offence that disrupts public order and often escalates into large-scale violence.

16. Differentiate between Unlawful Assembly and Rioting.

Unlawful assembly (Section 141) refers to a gathering of five or more persons with a common illegal object. Rioting (Section 146) occurs when that assembly uses force or violence. Thus, every riot begins with an unlawful assembly, but not all unlawful assemblies lead to riots. Rioting involves overt violence, while unlawful assembly may involve only an unlawful intention. The number of persons (minimum five) is the same in both cases. Punishment for unlawful assembly is provided under Section 143, while rioting is punished under Section 147 or 148 depending on whether weapons were used. These provisions help in controlling group violence and protecting public peace.

17. What is Affray under Section 159 of IPC?

Affray is defined under Section 159 of IPC as a situation where two or more persons fight in a public place, thereby disturbing public peace. Unlike rioting, it does not require a common object or prior agreement. It is a spontaneous fight that creates fear or disorder in public. The essential ingredients are: (1) at least two persons, (2) fighting, (3) in a public place, and (4) disturbance of public tranquillity. The punishment under Section 160 is imprisonment up to one month or fine up to ₹100 or both. Although minor in comparison to rioting, affray is punishable to maintain social harmony and discourage public disorder.

18. What is the legal duty of police during unlawful assemblies or riots?

The police have a statutory duty to prevent and control unlawful assemblies and riots under Sections 129 to 131 of the Code of Criminal Procedure (CrPC), 1973. They are empowered to disperse unlawful assemblies using necessary force after giving warnings. If the situation escalates, magistrates may order the use of armed forces. The use of force must be proportionate and aimed at restoring order, not causing harm. Police officers are also expected to arrest offenders, prevent destruction of property, and protect life. Failure to act effectively may amount to dereliction of duty. This legal duty ensures peace and public confidence in law enforcement.

19. How does IPC balance public order with the right to protest?

The IPC, along with CrPC and constitutional provisions, balances public order and the right to protest under Article 19(1)(b) of the Constitution. Peaceful assembly is allowed, but restrictions apply under Article 19(3) for maintaining public order and sovereignty. IPC penalizes unlawful assembly, rioting, and sedition to prevent threats to peace. However, courts have clarified that peaceful dissent is protected and cannot be criminalized. In Mazdoor Kisan Shakti Sangathan v. Union of India (2018), the Supreme Court held that protests must not obstruct public roads or disturb general life. Thus, IPC punishes violent assemblies but respects lawful protests, ensuring democratic rights are protected.

20. Why is the concept of Mens Rea important in offences like abetment and conspiracy?

Mens rea, or guilty mind, is a fundamental principle in criminal law and plays a vital role in offences like abetment (Section 107) and criminal conspiracy (Section 120A). Both these offences require intentional participation. In abetment, the abettor must have the intent to encourage or assist the commission of a crime. Similarly, conspiracy involves an agreement to commit an unlawful act, which cannot occur without a shared criminal intention. Mere presence or knowledge is insufficient. Courts assess conduct, communication, and surrounding circumstances to infer mens rea. Mens rea ensures that only those with criminal intent are punished and protects individuals from unjust liability.

Unit-III

1. Define Culpable Homicide under the IPC.

Culpable Homicide is defined under Section 299 of the IPC. It refers to an act where a person causes the death of another with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death. Culpable homicide is the genus, and murder is its species. The presence of intent or knowledge is essential to constitute this offence. It differs from murder mainly in the degree of intention and probability of death resulting. Punishment is prescribed under Section 304 IPC and can vary based on the nature of intention or knowledge. This provision is significant in criminal jurisprudence as it distinguishes between degrees of homicide and ensures proportionate punishment.

2. What is Murder? How does it differ from Culpable Homicide?

Murder is defined under Section 300 IPC. It is the gravest form of culpable homicide. It becomes murder when the act is committed with the intention of causing death, or causing such bodily injury that the offender knows is likely to cause death in the ordinary course of nature. The key distinction lies in the degree of intention or likelihood of death. If the act is committed under grave and sudden provocation, it may not amount to murder. The punishment for murder is given under Section 302 and may extend to the death penalty or life imprisonment with a fine. Thus, while all murders are culpable homicides, not all culpable homicides are murders.

3. Define Hurt under the IPC.

Under Section 319 of IPC, Hurt is defined as causing bodily pain, disease, or infirmity to any person. It is a simple form of physical injury and includes acts that result in discomfort or minor injuries. The essence of hurt lies in the bodily impact, not necessarily serious. Examples include slapping someone, causing a bruise, or inducing vomiting by force. Hurt is punishable under Section 323 IPC with imprisonment up to one year, fine, or both. It is a bailable and non-cognizable offence, and often tried by a magistrate. Though minor compared to grievous hurt, hurt still carries penal consequences under law.

4. What is Grievous Hurt?

Grievous Hurt is defined under Section 320 of IPC and includes certain kinds of more serious injuries. There are eight types of injuries mentioned, such as emasculation, permanent loss of sight or hearing, fracture or dislocation of bone, or any hurt which endangers life or causes the victim to be in severe pain for twenty days. The seriousness is judged by the impact on the victim’s life and health. It is punishable under Section 325 IPC with imprisonment up to seven years and fine. If caused by dangerous weapons, Section 326 applies, which is more severe. Grievous hurt reflects a higher level of bodily harm than simple hurt.

5. Distinguish between Wrongful Restraint and Wrongful Confinement.

Section 339 IPC defines Wrongful Restraint as obstructing a person from proceeding in any direction in which they have a right to go. Example: blocking someone’s way on the road.
Wrongful Confinement, defined under Section 340 IPC, means confining someone within boundaries, preventing them from leaving. It is a more serious offence than restraint. For instance, locking someone in a room without consent constitutes wrongful confinement.
Punishment for wrongful restraint (Sec. 341) is imprisonment up to one month or fine. For wrongful confinement (Sec. 342), imprisonment can go up to one year. These provisions protect personal liberty and movement, a fundamental right under Article 19 of the Constitution.

6. What is Criminal Force under IPC?

Section 350 IPC defines Criminal Force as intentionally using force against a person without their consent, with the intent to cause injury, fear, or annoyance. Force here means any physical action that changes the motion or position of another person. For example, pushing someone during a dispute is criminal force. The element of intention is crucial to constitute this offence. Punishment is given under Section 352 IPC with imprisonment up to three months or fine. It is a bailable and non-cognizable offence. This section helps in maintaining public order and prevents physical aggression in society.

7. Define Assault and how it differs from Criminal Force.

Assault, under Section 351 IPC, is an act that causes another person to apprehend immediate use of criminal force. It involves a gesture or preparation to use force but without actual contact. For example, raising a fist to hit someone is assault. In contrast, criminal force involves physical contact. Thus, assault is preparatory while criminal force is the execution. Punishment for assault is prescribed under Section 352 IPC. Though both are minor offences, the law penalizes them to deter personal threats and preserve peace.

8. Explain the offence of Kidnapping.

Kidnapping is defined under Sections 359 to 361 IPC. It is of two kinds: Kidnapping from India and Kidnapping from lawful guardianship. Section 361 refers to taking or enticing a minor (below 16 for males and 18 for females) or a person of unsound mind away from their lawful guardian without consent. The law presumes lack of consent in such cases to protect vulnerable individuals. Kidnapping is punishable under Section 363 with imprisonment up to seven years and fine. It is a cognizable, non-bailable offence. The object is to prevent abduction of children or dependents for exploitation or illegal purposes.

9. What is Abduction under the IPC?

Abduction is defined under Section 362 IPC as compelling or inducing a person to move from one place to another by force or deceit. It differs from kidnapping in that it does not necessarily involve minors or guardianship. It is not an offence in itself but becomes punishable when done with criminal intent such as murder, slavery, or trafficking. For instance, abduction to murder is punishable under Section 364 IPC. Abduction is thus broader in scope and depends on intent. It helps in curbing crimes involving movement and coercion of persons.

10. What are Sexual Offences under IPC?

Sexual offences include crimes like rape (Section 375 & 376 IPC), sexual harassment (Section 354A), assault to outrage modesty (Section 354), voyeurism (Section 354C), and stalking (Section 354D). These offences protect bodily integrity and dignity, especially of women. Rape is the most serious, involving non-consensual intercourse. The Criminal Law (Amendment) Act, 2013 expanded the definition and made the law more stringent. These offences are cognizable, non-bailable, and punishable with rigorous imprisonment. The IPC aims to ensure protection against sexual violence and maintain the dignity and autonomy of individuals.

11. What is Rape under the IPC?

Rape is defined under Section 375 IPC as sexual intercourse without the woman’s consent or against her will. The 2013 amendment widened the scope to include acts like oral and anal penetration and use of objects. The age of consent is 18 years, and consent obtained under coercion or intoxication is not valid. Section 376 prescribes rigorous punishment ranging from 10 years to life imprisonment. In cases of gang rape or custodial rape, punishment is more severe. The law aims to protect women from sexual violence and uphold bodily autonomy.

12. Explain the offence of Unnatural Offences.

Section 377 IPC defined unnatural offences as carnal intercourse against the order of nature with man, woman, or animal. Historically, it criminalised homosexuality. However, in the landmark Navtej Singh Johar v. Union of India (2018), the Supreme Court decriminalised consensual homosexual acts between adults, stating that Section 377 violates constitutional rights to equality, dignity, and privacy. The section now applies only to non-consensual acts or bestiality. This judgment marked a progressive shift in India’s approach to sexual autonomy and LGBTQ rights.

13. Discuss the punishment for causing death by negligence.

Section 304A IPC deals with causing death by rash or negligent act not amounting to culpable homicide. This includes cases like reckless driving, medical negligence, etc. It is punishable with imprisonment up to 2 years, or fine, or both. It is a bailable and cognizable offence. The section emphasizes that even without criminal intent, carelessness that results in death is punishable. It is important in holding people accountable for negligence in daily life situations like road safety, workplace hazards, etc.

14. What is Dowry Death under IPC?

Dowry death is defined under Section 304B IPC. If a woman dies due to burns, bodily injury, or under unnatural circumstances within 7 years of marriage, and it is shown that she was subjected to cruelty or harassment in connection with dowry demands, the husband or relatives are deemed responsible. The punishment is minimum 7 years, which may extend to life imprisonment. It is a cognizable and non-bailable offence. This provision was introduced to address the alarming rise in dowry-related violence and protect married women from abuse.

15. What is Attempt to Murder under IPC?

Section 307 IPC deals with attempt to murder, which includes any act done with intention or knowledge to cause death, but which does not result in death. The intention is similar to murder, but the act falls short. Example: shooting someone with intent to kill but the person survives. Punishment may extend to 10 years or life imprisonment, and fine. If hurt is caused, punishment is more severe. It is a cognizable and non-bailable offence. This section ensures that attempts to take life are punished even if death does not occur.

16. What is Attempt to Commit Suicide under IPC?

Section 309 IPC criminalises the attempt to commit suicide. If a person attempts to end their life and survives, they can be punished with simple imprisonment for up to 1 year, or with a fine, or both. However, there has been criticism regarding the criminalisation of such attempts, as those who try to end their lives are often mentally disturbed and in need of support, not punishment. The Mental Healthcare Act, 2017 has overridden Section 309 by presuming that any person attempting suicide is under severe stress, and thus shall not be prosecuted. This reflects a more humane and health-oriented approach, focusing on treatment and counselling instead of criminal liability.

17. Explain the concept of Causing Miscarriage under IPC.

Under Sections 312 to 316 IPC, causing miscarriage (abortion) is criminal unless done in good faith to save the woman’s life. Section 312 punishes anyone who voluntarily causes a woman to miscarry with up to 3 to 7 years of imprisonment depending on whether the woman is quick with child. Section 313 deals with causing miscarriage without the woman’s consent and is punishable with life imprisonment. Sections 314 and 315 cover acts causing death of the woman or preventing the birth of a child. These provisions aim to protect women’s reproductive rights and unborn life, while exceptions exist under the Medical Termination of Pregnancy Act.

18. What is Death Caused by Dowry-related Harassment?

Section 304B IPC covers dowry death, where a woman dies under suspicious circumstances within 7 years of marriage, and it is shown she was harassed for dowry. Such deaths are often disguised as suicides or accidents. The law presumes culpability of the husband or his relatives. Punishment is a minimum of 7 years, which may extend to life imprisonment. The provision aims to address the societal evil of dowry and protect married women from abuse and violence in the marital home. Special procedures under the Indian Evidence Act also assist in presuming guilt where necessary.

19. Define Hurt Caused by Dangerous Weapons or Means.

Section 324 IPC deals with voluntarily causing hurt using dangerous weapons or means such as knives, fire, acid, poison, or explosives. The presence of a deadly weapon makes the act more serious, even if the actual injury is not grievous. Punishment can extend up to 3 years, or fine, or both. It is a non-bailable and cognizable offence. This provision ensures that persons using dangerous means to hurt others are dealt with strictly to prevent escalation into more severe crimes like grievous hurt or murder.

20. What is Causing Grievous Hurt by Dangerous Weapons?

Section 326 IPC punishes anyone who causes grievous hurt by using dangerous weapons. It is a more severe offence than Section 324 and includes injuries such as broken bones, loss of sight, or injuries endangering life. The use of dangerous weapons indicates a high degree of cruelty or intention, and punishment may extend to life imprisonment or up to 10 years, and fine. This section is vital in dealing with serious assaults, especially those involving weapons like knives, guns, acid, etc., and provides deterrence against violent crimes.

21. What is Acid Attack under IPC?

Section 326A and 326B IPC, introduced by the Criminal Law (Amendment) Act, 2013, deal with acid attacks. Section 326A punishes anyone who causes permanent or partial damage, burns, maiming, or disfigurement through acid or similar corrosive substances with minimum 10 years imprisonment (extendable to life imprisonment). Section 326B deals with attempt to throw acid, with punishment up to 7 years. Acid attacks are brutal and affect the victim’s life permanently. These laws aim to provide justice and deterrence, and also provide for compensation and rehabilitation of survivors.

22. What is Causing Death of Unborn Child under IPC?

Section 316 IPC punishes anyone who causes the death of an unborn child by doing any act that amounts to culpable homicide if it caused death of a person. This applies even if the woman survives. The offence is punishable with imprisonment up to 10 years and fine. It protects unborn life and holds persons accountable for reckless or intentional acts against pregnant women. It ensures that any harm caused to the fetus through violence or criminal acts does not go unpunished under Indian law.

23. Explain the offence of Criminal Intimidation under IPC.

Criminal intimidation is defined under Section 503 IPC. It involves threatening someone with injury to their person, reputation, or property, with the intent to cause alarm or compel them to act against their will. Punishment under Section 506 IPC ranges from 2 to 7 years, depending on the nature of the threat. Threats to life or grievous hurt are considered more serious. Criminal intimidation can be verbal, written, or even through gestures. It helps in protecting individuals from coercion and harassment in various situations, such as extortion, domestic violence, or property disputes.

24. What is Sexual Harassment under IPC?

Sexual harassment is covered under Section 354A IPC, inserted by the 2013 amendment. It includes physical contact, demand for sexual favours, showing pornography, or making sexually coloured remarks. Punishment can vary from 1 year to 3 years, along with fine. It provides a strong deterrent against inappropriate conduct, particularly in workplaces and public spaces. The law recognises the violation of dignity and autonomy of women and is supported by mechanisms like Internal Complaints Committees under the POSH Act (Prevention of Sexual Harassment Act).

25. What is Stalking under IPC?

Stalking is defined under Section 354D IPC. It includes following a woman, contacting her repeatedly despite disinterest, or monitoring her online activities. The first offence is punishable with up to 3 years, and subsequent offences up to 5 years with fine. It is a non-bailable offence on repeat. This provision was introduced after the Nirbhaya case to ensure safety of women against persistent harassment, both physical and digital. It affirms a woman’s right to privacy and freedom of movement.

26. Explain Voyeurism under IPC.

Voyeurism is defined under Section 354C IPC as the act of watching, capturing, or distributing images of a woman engaged in a private act, without her consent. The first conviction attracts 1 to 3 years imprisonment, and repeat offences lead to 3 to 7 years. This law is particularly relevant in the digital era, where personal privacy is easily violated. It is aimed at curbing harassment and upholding the right to dignity, especially for women and minors.

27. What is Marital Rape Exception under IPC?

Under Section 375 IPC, sexual intercourse by a man with his wife is not considered rape if the wife is above 18 years, even if done without her consent. This is known as the marital rape exception. However, this exception has faced widespread criticism as it violates a woman’s right to bodily autonomy and equality. Several petitions are pending before courts for its abolition, and there’s growing demand to criminalise marital rape in India. As of now, it remains a controversial and debated issue in Indian criminal law.

28. What is Death under Negligent Driving?

Under Section 304A IPC, if someone causes death due to rash or negligent driving, it is punishable with up to 2 years imprisonment, or fine, or both. This includes situations where a person drives at high speed, ignores traffic rules, or is under the influence of alcohol. Though it does not amount to culpable homicide, the seriousness of causing loss of life through recklessness is recognised and penalised. Courts have often recommended stricter sentencing in such cases to curb road rage and rash driving.

29. What is Unlawful Compulsory Labour?

Section 374 IPC punishes unlawful compulsory labour or forced labour. If anyone unlawfully compels another person to labour against their will, they can be imprisoned up to 1 year, or fined, or both. It protects personal liberty and ensures that no one is subjected to slavery or servitude. This provision aligns with constitutional rights under Article 23, which prohibits trafficking and forced labour. It is important in cases of bonded labour, domestic servitude, and human trafficking.

30. What is Death Sentence and Life Imprisonment under IPC?

Under the IPC, death penalty and life imprisonment are the harshest punishments. Section 302 IPC prescribes both for murder, depending on the gravity of the case. The Supreme Court in Bachan Singh v. State of Punjab (1980) laid down the “rarest of rare” doctrine for awarding the death sentence. Life imprisonment, as interpreted by courts, means imprisonment for the remainder of the convict’s life, though remission is possible. These punishments serve both retributive and deterrent purposes in criminal justice.

Unit IV

1. Define offences affecting public health under IPC. Give examples.

Offences affecting public health under IPC include acts that endanger the health of the general public. Sections 269 and 270 deal with negligent and malignant acts likely to spread infection of dangerous diseases. Section 278 deals with making the atmosphere noxious to health. For example, knowingly exposing others to contagious diseases like COVID-19, or polluting water sources, are punishable. These laws aim to prevent public harm and uphold health standards.

2. What are offences affecting public safety under the IPC?

Offences affecting public safety are those that endanger the security of the public. Section 285 punishes negligent conduct with fire or combustible matter. Section 286 relates to explosive substances. These provisions aim to prevent accidents, fires, or explosions that could harm the community. They are preventive in nature and ensure the public remains safe from hazardous acts.

3. Discuss offences affecting public decency and morals.

Public decency and morals are protected under Sections 292 to 294 IPC. Section 292 penalizes the sale and circulation of obscene materials. Section 293 restricts obscene material access to minors. Section 294 punishes obscene acts and songs in public places. These sections protect societal values and prevent moral degradation, especially in public spaces.

4. Define theft under Section 378 IPC. What are its essentials?

Theft is defined under Section 378 IPC as dishonest moving of movable property out of someone’s possession without their consent. Essential elements include: intention to take dishonestly, movement of property, and absence of owner’s consent. For example, stealing a mobile phone from someone’s pocket constitutes theft. It is punishable under Section 379 IPC.

5. What is extortion under IPC? How does it differ from theft?

Extortion (Section 383 IPC) involves intentionally putting a person in fear of injury to force them to deliver property or valuable security. The key difference from theft is the use of threat or coercion. In theft, there is no consent; in extortion, consent is obtained by fear. Extortion is punishable under Section 384 IPC.

6. Define robbery. How is it related to theft and extortion?

Robbery is an aggravated form of theft or extortion. Section 390 IPC defines it as theft or extortion accompanied by violence or threat of instant harm. If during theft, hurt or fear of hurt is caused, it becomes robbery. Robbery is more serious due to the threat to life and is punishable under Section 392 IPC.

7. What is dacoity? How does it differ from robbery?

Dacoity, defined under Section 391 IPC, is robbery committed by five or more persons conjointly. The presence of five or more offenders is the essential difference. Dacoity is considered a grave offence due to group violence and is punishable under Section 395 IPC with rigorous punishment.

8. Explain the offence of cheating under Section 415 IPC.

Cheating involves deceiving someone fraudulently or dishonestly to deliver property or do something they wouldn’t have done otherwise. It includes false promises or impersonation. Essential elements are deception and dishonest inducement. Cheating is punishable under Section 417 IPC and becomes aggravated under Section 420 when property is delivered fraudulently.

9. What is mischief under Section 425 IPC?

Mischief is causing destruction or change to property intending or knowing it will cause wrongful loss or damage. It doesn’t require physical damage alone—any act reducing utility or value suffices. It is punishable under Section 426 IPC and more severely under Sections 427 to 440 for specific mischiefs.

10. Define criminal trespass under Section 441 IPC.

Criminal trespass is unlawfully entering or remaining on someone’s property with intent to commit an offence or intimidate, insult, or annoy the owner. It violates the right to private property and is punishable under Section 447 IPC. Aggravated forms include house-trespass, lurking house-trespass, and house-breaking.

11. Differentiate between theft, extortion, and criminal misappropriation.

Theft involves taking property without consent. Extortion uses threats to obtain consent. Criminal misappropriation (Section 403 IPC) means dishonestly using someone else’s property which is already in the offender’s possession. The core difference lies in the method of acquisition and the nature of consent or control over the property.

12. What is criminal misappropriation of property?

Section 403 IPC defines it as dishonest appropriation or conversion of property belonging to another. It occurs when a person, who lawfully possesses property, dishonestly retains or uses it for personal gain. For example, keeping lost property without trying to return it is criminal misappropriation.

13. Explain the offence of criminal breach of trust under Section 405 IPC.

It occurs when someone entrusted with property dishonestly misuses or disposes of it. Unlike misappropriation, it involves a fiduciary relationship (like agent, banker, trustee). For example, a cashier using deposited funds for personal expenses commits this offence. It is punishable under Section 406 IPC.

14. What is the distinction between mischief and criminal trespass?

Mischief focuses on causing damage to property, irrespective of possession. Criminal trespass involves unauthorized entry with a wrongful purpose. While both may involve property, mischief is destructive, whereas trespass concerns illegal presence and intent to offend or annoy.

15. How does IPC ensure protection against property-related offences?

IPC lays down comprehensive provisions under Sections 378 to 460 to safeguard property. It categorizes offences based on gravity—like theft, cheating, criminal breach of trust, and mischief—and prescribes punishments accordingly. This legal framework deters wrongful possession, damage, and deceit, ensuring public and private property protection.

16. What are the essential ingredients of criminal breach of trust under Section 405 IPC?

The essential elements are:

Entrustment of property.
The person entrusted must dishonestly misappropriate or convert it.
The accused must violate the terms of trust or direction.
For example, an agent entrusted with money who uses it for personal expenses commits breach of trust. It differs from theft because the initial possession is lawful. The offence is punishable under Section 406 IPC.

17. Differentiate between criminal breach of trust and cheating.

Cheating involves deceiving a person from the beginning to part with property. In criminal breach of trust, the accused receives property legally but later misuses it dishonestly. The key difference is that cheating includes fraudulent inducement, while breach of trust includes betrayal after legal entrustment.

18. What is house-trespass and how is it aggravated in the IPC?

House-trespass (Section 442) is a form of criminal trespass into a building used for residence, worship, or custody of property. It becomes aggravated when committed at night (lurking house-trespass) or with force (house-breaking). Punishments increase under Sections 449 to 452 depending on intent and circumstances.

19. How does the IPC deal with obscene acts and songs in public places?

Section 294 IPC penalizes obscene acts, words, or songs that annoy others in public. It aims to preserve public morality and decency. For example, singing vulgar songs loudly in a park or performing indecent acts publicly may attract punishment of up to 3 months or fine or both.

20. Explain the concept of ‘making atmosphere noxious to health’ under IPC.

Section 278 IPC criminalizes acts that make the atmosphere harmful to health, like polluting air with toxic gas or smoke. It applies when annoyance is caused to the public. This ensures protection of clean air and public welfare, especially in populated areas or near public institutions.

21. What is meant by ‘negligent act likely to spread infection’ under Section 269 IPC?

This section punishes negligent acts likely to spread life-threatening diseases. For instance, an infected person ignoring quarantine guidelines during a pandemic may face up to 6 months’ imprisonment. The section emphasizes public health safety and accountability for reckless behaviour.

22. What are the punishments for robbery and dacoity under IPC?

Robbery (Section 392) is punishable with up to 10 years and fine; more if committed on highway at night. Dacoity (Section 395) carries a minimum of 10 years and can extend to life imprisonment. If dacoity causes death, Section 396 mandates death or life imprisonment.

23. Define house-breaking. What are the modes under Section 445 IPC?

House-breaking is house-trespass using specific unlawful methods like:

Creating an entry (hole/opening).
Breaking a lock or door.
Entering through unauthorized passage.
Using force, threat, or fraud.
It is considered serious due to the intent and method of intrusion.

24. How is cheating by personation different from ordinary cheating?

Under Section 416 IPC, cheating by personation means falsely representing oneself as another to deceive. For example, impersonating someone in a job interview. It involves identity fraud in addition to dishonest inducement. It is punishable under Section 419 IPC.

25. Explain the offence of lurking house-trespass.

Lurking house-trespass (Section 443) involves secretly entering or remaining in a dwelling, avoiding notice or detection. It shows an intent to commit a further offence. It becomes grave when committed at night (Section 444). Punishments vary based on intent (Sections 453–460).

26. What is ‘dishonest misappropriation of property’ under Section 403 IPC?

It means keeping or using property dishonestly that one came across by chance (e.g., lost wallet) without trying to find the owner. Unlike theft, initial possession is innocent. The offence attracts punishment of up to 2 years or fine or both.

27. How is trust misused in criminal breach of trust cases?

In breach of trust, misuse occurs when a person entrusted with responsibility uses the property for personal gain or contrary to terms of entrustment. For example, a bank employee using client money for personal use misuses the fiduciary trust reposed in them.

28. What are the IPC provisions for mischief causing damage above Rs. 50?

Section 427 IPC provides enhanced punishment when mischief causes damage above ₹50. The offender may face imprisonment up to 2 years or fine or both. It aims to penalize economic loss due to destructive acts. Higher damage can attract stricter penalties under Sections 428–440.

29. How is cheating punished under IPC? Explain aggravated forms.

Basic cheating is punishable under Section 417 IPC with up to 1 year jail or fine or both. Section 420 IPC punishes cheating involving delivery of property with up to 7 years and fine. Aggravated forms include impersonation, forged documents, and fraud during business transactions.

30. Why are public health offences considered serious under IPC?

Public health offences endanger the lives of many and cause widespread harm. Diseases spread rapidly due to negligence or deliberate acts. IPC recognizes this and criminalizes actions like spreading infections (Sections 269–271), adulterating food (Section 272), and noxious pollution (Section 278) to protect society at large.

Unit-V

1. What are offences by public servants under IPC?

Sections 166 to 168 of IPC deal with offences by public servants. A public servant disobeying the law with intent to cause injury (Section 166), framing incorrect records (Section 167), or engaging in trade (Section 168) while holding public office is punishable. These provisions ensure accountability and integrity in public service. The offence attracts imprisonment or fines depending on the gravity.

2. What constitutes taking gratification by a public servant under IPC?

Section 161 (now covered under the Prevention of Corruption Act) earlier dealt with public servants accepting gratification other than legal remuneration to perform or forbear an official act. Such an act amounts to corruption. It undermines public trust and is punishable with rigorous imprisonment and fine. It’s a serious offence under anti-corruption laws.

3. Explain the offence of giving false evidence under Section 191 IPC.

Giving false evidence means making a false statement under oath or legally bound to speak the truth. It includes intentionally fabricating false evidence. It is punishable under Section 193 with imprisonment up to 7 years. It obstructs justice and affects court proceedings, hence considered serious.

4. What is fabricating false evidence under IPC?

Section 192 defines it as causing a false circumstance to appear, intending it to be used in judicial proceedings to mislead the court. For example, planting fake documents or witnesses. It is punishable under Section 193. It compromises the integrity of the justice system.

5. What is the punishment for giving false evidence in a judicial proceeding?

Under Section 193 IPC, giving or fabricating false evidence in a judicial proceeding is punishable with up to 7 years and a fine. If it occurs outside a court, the punishment is up to 3 years. It’s a grave offence since it impacts the delivery of justice.

6. What are offences against public justice under IPC?

Offences include giving false evidence, fabricating evidence, harbouring offenders (Sections 201–229A), resistance to lawful arrest, and obstructing public servants. These acts hinder the functioning of the justice system. They ensure offenders are punished and discourage interference in legal processes.

7. What is the offence of destruction of evidence under IPC?

Section 201 IPC punishes anyone who causes the disappearance of evidence to protect an offender. For example, destroying murder weapons. Punishment varies from 3 years to 7 years depending on the offence concealed. It ensures transparency and accountability in legal processes.

8. Explain offences relating to documents under IPC.

These include forgery (Section 463), making false documents, counterfeiting seals, and fraudulently using forged documents. The intention must be to cause damage, commit fraud or cheat. These offences protect authenticity in official, legal, and personal documentation.

9. What is forgery under Section 463 IPC?

Forgery means making a false document with intent to cause damage, support a claim, or commit fraud. The document must appear to be made by someone who did not authorize it. It is punishable under Section 465 with imprisonment up to 2 years and/or fine.

10. Define making a false document under IPC.

Section 464 defines it as creating, altering, signing, or using a document with intent to deceive. It becomes forgery if used for fraudulent purposes. For example, forging a signature on a property deed. It is an essential component of the offence of forgery.

11. What are the offences relating to marriage under IPC?

Sections 493–498 IPC deal with such offences, including deceitful cohabitation, bigamy (Section 494), marrying again during a spouse’s life, and adultery (now decriminalised). These laws protect marital rights, especially of women, and promote lawful matrimonial conduct.

12. Explain the offence of bigamy under Section 494 IPC.

Bigamy is marrying again while the first spouse is alive and marriage is not legally dissolved. It is punishable with up to 7 years imprisonment and fine. The section protects the sanctity of marriage and prevents exploitation, especially in patriarchal settings.

13. What is cruelty by husband or relatives under Section 498A IPC?

Section 498A penalizes cruelty to a woman by her husband or his relatives. Cruelty includes mental or physical harm or harassment related to dowry. It is punishable with imprisonment up to 3 years and fine. It was enacted to protect women from domestic abuse and dowry harassment.

14. What is the offence of defamation under Section 499 IPC?

Defamation is harming a person’s reputation through spoken or written words, signs, or representations. It includes imputations that lower a person’s moral or social standing. Punishable under Section 500 with up to 2 years’ imprisonment, fine, or both. Defences include truth for public good, fair comment, and privileged statements.

15. How has the Supreme Court upheld criminal defamation despite Article 19(1)(a)?

In Subramanian Swamy v. Union of India (2016), the Supreme Court upheld the constitutionality of criminal defamation. It ruled that the right to freedom of speech (Article 19(1)(a)) is not absolute and must be balanced with the right to reputation under Article 21. Thus, Sections 499 and 500 IPC were held valid and not violative of free speech.

16. What is the punishment for using a forged document as genuine?

Section 471 IPC punishes anyone who fraudulently or dishonestly uses a forged document as if it were genuine. The punishment is the same as for forgery, which may extend to 2 years or more depending on the nature of the document (public, private, or valuable security). The law aims to deter fraudulent transactions and ensure document integrity.

17. What is personation of a public servant under IPC?

Section 170 IPC penalizes impersonation of a public servant. When a person falsely pretends to be a public servant and does any act under that assumed character, it is punishable with imprisonment up to 2 years or fine or both. This protects public trust in official institutions.

18. What is resistance or obstruction to lawful authority of public servant?

Under Section 186 IPC, voluntarily obstructing a public servant from discharging their duty is a punishable offence. It ensures that public authorities can function without interference. For example, obstructing a police officer during arrest. Punishment: up to 3 months or fine or both.

19. What is harbouring an offender? Explain its punishment.

Sections 212 to 216 IPC deal with harbouring offenders. If someone knowingly shelters a person who has committed an offence to protect them from punishment, it is a criminal act. Punishment depends on the severity of the crime committed by the offender being harboured.

20. What is the offence of giving false information to screen an offender?

Section 202 IPC punishes intentionally giving false information to prevent punishment of an offender. It is an offence against public justice, as it misleads legal authorities. Punishment varies from 6 months to 7 years depending on the gravity of the original offence.

21. Explain the concept of breach of promise to marry under IPC.

While breach of a mere promise is not a criminal offence, if a man deceives a woman with false intention to marry and has sexual relations, it may amount to rape under Section 375 IPC. Courts consider whether there was fraudulent intention from the beginning.

22. What is adultery and what is its current legal status in India?

Adultery, earlier under Section 497 IPC, punished a man who had sexual relations with another man’s wife without the husband’s consent. In 2018, the Supreme Court decriminalised it in Joseph Shine v. Union of India, declaring it unconstitutional for being discriminatory and archaic.

23. Explain Section 498 IPC – enticing or taking away or detaining a married woman.

Section 498 IPC punishes anyone who entices or takes away a married woman from her husband or detains her with criminal intent. It protects marital relationships and is punishable with imprisonment up to 2 years or fine or both.

24. What is the difference between Section 498 and 498A IPC?

Section 498 relates to enticing or detaining a married woman, while Section 498A relates to cruelty by husband or relatives. 498A is more commonly used in domestic violence cases and provides stronger protection to married women against dowry and abuse.

25. What are the exceptions to defamation under Section 499 IPC?

Section 499 lists 10 exceptions, such as:

Truth for public good,
Fair criticism of public servants,
Fair reporting of judicial proceedings,
Academic and literary criticism,
Caution in good faith.
These exceptions balance freedom of speech with protection of reputation.

26. What is criminal intimidation and how is it related to defamation?

Criminal intimidation (Section 503 IPC) involves threatening someone with injury to person, property, or reputation. It may be used to force someone to act against their will. If it includes harming reputation, it overlaps with defamation but with an element of coercion.

27. What is Section 195A IPC? Giving false evidence to threaten witness.

Section 195A penalizes anyone who threatens or induces a person to give false evidence. This section protects witnesses and the integrity of judicial proceedings. Punishment may extend to 7 years or more depending on the nature of the main case involved.

28. What is the punishment for tampering with court records or public documents?

Section 466 IPC deals with forgery of public records and court documents. It is a serious offence as it undermines public trust in official systems. Punishment can extend up to 7 years along with a fine.

29. How is cruelty under 498A IPC proved in court?

Cruelty can be mental or physical and must be intentional. Evidence includes medical reports, witness testimony, messages, or complaints. Courts look for a pattern of harassment or serious incidents causing grave injury or forcing dowry demands. Mere trivial disputes are not sufficient.

30. Why is the right to reputation considered a fundamental right in India?

The Supreme Court has held that reputation is part of personal liberty under Article 21. While freedom of speech under Article 19(1)(a) is vital, it must not damage another person’s dignity or reputation. Hence, defamation laws are valid to protect individuals from social harm.