Criminal Law (IPC / Bharatiya Nyaya Sanhita)

Critically analyse the distinction between 'culpable homicide' (Section 299 IPC) and 'murder' (Section 300 IPC). Discuss the five exceptions to Section 300 IPC with the help of decided cases, including K.M. Nanavati v. State of Maharashtra (AIR 1962 SC 605) and Amarnath v. State of Haryana (AIR 1977 SC 2185).[10 Marks]

Discuss in detail the right of private defence of body and property under Sections 96–106 IPC. When does the right of private defence extend to causing death? Refer to Darshan Singh v. State of Punjab (2010) and Vidhya Singh v. State of MP (1971).[10 Marks]

Examine the general exceptions under Chapter IV of the IPC. Discuss, with relevant case law, the defences of insanity (Section 84), intoxication (Section 85–86), and mistake of fact (Section 76) as grounds for exemption from criminal liability. Refer to State of Maharashtra v. M.H. George (AIR 1965 SC 722).[10 Marks]

Explain the offences of 'theft' (Section 378), 'extortion' (Section 383), 'robbery' (Section 390), and 'dacoity' (Section 391) under the IPC. How do these offences form a graduated scale of gravity? Illustrate with examples and case law.[10 Marks]

Discuss the concept of joint criminal liability under Sections 34 and 149 IPC. How does 'common intention' differ from 'common object'? Analyse the Supreme Court's interpretation in Barendra Kumar Ghosh v. King Emperor (AIR 1925 PC 1) and Mahbub Shah v. Emperor (AIR 1945 PC 118).[10 Marks]

'A' and 'B' are neighbours who have been involved in a long-standing land dispute. One evening, 'A' sees 'B' cutting a fence on disputed land. 'A' picks up a heavy iron rod and strikes 'B' on the head, fracturing his skull. 'B' falls unconscious. 'A' then drags 'B' to a nearby canal and throws him in, believing 'B' to be already dead. 'B' dies by drowning. During trial, the medical evidence shows that the blow on the head was sufficient in the ordinary course of nature to cause death, but the actual cause of death was drowning. (a) Discuss the criminal liability of 'A'. Is he guilty of murder or culpable homicide not amounting to murder? Apply the provisions of Sections 299 and 300 IPC. (b) Can 'A' invoke any exception under Section 300 IPC? Discuss. (c) Would your answer change if 'A' had struck 'B' in a sudden fit of rage after seeing 'B' destroy 'A's standing crops? Refer to R v. Govinda (1876) and Palani Goundan v. Emperor (AIR 1920).[15 Marks]

'X', a 22-year-old college student, takes 'Y', a 16-year-old girl, from the lawful guardianship of her father 'Z', by inducing 'Y' that he will marry her and take her to Mumbai for a modelling career. 'X' takes 'Y' by train to Mumbai where he keeps her in a rented flat. After two weeks, 'X' forces 'Y' to give her gold ornaments (worth Rs. 2 lakhs) to him, threatening that he will leave her stranded in Mumbai. 'X' also tells 'Y' that if she complains to anyone, he will upload her private photographs on social media. (a) Discuss the liability of 'X' under the provisions relating to kidnapping and abduction (Sections 359–369 IPC). (b) Analyse whether 'X' has committed extortion (Section 383 IPC) or criminal intimidation (Section 503 IPC) or both. (c) Does the consent of 'Y' affect the criminal liability of 'X'? Discuss with reference to Section 361 IPC and relevant case law including S. Varadarajan v. State of Madras (AIR 1965 SC 942).[15 Marks]

Read the following excerpt and answer the questions below: In K.M. Nanavati v. State of Maharashtra (AIR 1962 SC 605), the accused, a Naval Commander, discovered that his wife had been in an adulterous relationship with the deceased, Prem Ahuja. After a confrontation with his wife, Nanavati drove to his ship, collected a revolver on a false pretext, went to Ahuja's flat, and shot him dead. The defence argued that Nanavati acted under grave and sudden provocation and was therefore entitled to the benefit of Exception 1 to Section 300 IPC. (a) What is 'grave and sudden provocation' under Exception 1 to Section 300 IPC? State the tests laid down by the Supreme Court in this case. (4 marks) (b) Why did the Supreme Court reject the plea of provocation in this case? Was the 'cooling time' between the provocation and the act relevant? (3 marks) (c) Discuss the significance of this case in the development of the law relating to Exception 1 to Section 300 IPC. How has the BNS, 2023 addressed this issue? (3 marks)[10 Marks]

Distinguish between 'culpable homicide' and 'murder' as defined under Sections 299 and 300 IPC.[3 Marks]

Distinguish between 'theft' (Section 378) and 'criminal misappropriation of property' (Section 403 IPC).[3 Marks]

Distinguish between 'kidnapping' (Section 359) and 'abduction' (Section 362 IPC).[3 Marks]

Distinguish between 'criminal breach of trust' (Section 405) and 'cheating' (Section 415 IPC).[3 Marks]

Distinguish between 'attempt to commit an offence' (Section 511 IPC) and 'preparation' to commit an offence.[3 Marks]