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Indian Penal Code Class Test Vasanth S BC0190050

This document contains summaries of three sections from an Indian Penal Code class test. Section 1 discusses strict liability offenses, which do not require mens rea or proof of negligence. These include offenses under section 292 of the IPC related to obscenity. Section 2 addresses the principle of legality and nullum crimen sine lege, meaning there must be a law creating an offense before someone can be punished. Section 3 analyzes whether Kishiv, who cheated someone in Delhi while physically located in Kathmandu, could be held liable in India based on jurisdiction. Previous cases indicate he could be due to the offense occurring in India.

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49 views2 pages

Indian Penal Code Class Test Vasanth S BC0190050

This document contains summaries of three sections from an Indian Penal Code class test. Section 1 discusses strict liability offenses, which do not require mens rea or proof of negligence. These include offenses under section 292 of the IPC related to obscenity. Section 2 addresses the principle of legality and nullum crimen sine lege, meaning there must be a law creating an offense before someone can be punished. Section 3 analyzes whether Kishiv, who cheated someone in Delhi while physically located in Kathmandu, could be held liable in India based on jurisdiction. Previous cases indicate he could be due to the offense occurring in India.

Uploaded by

S Vasanth
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INDIAN PENAL CODE

CLASS TEST
VASANTH S
BC0190050
1(C)
Strict liability offences are the type of offences which does not require mens rea with even
negligence being one or more elements in the actus reus are named as strict liability offences.
IPC recognizes strictly liability offences as well , as we can understand from section 292 of
IPC which imposes strict liability and also statutory rape. This was held in the case Ranjith D.
Udheshi v. state of Maharastra where he was one of four partners in the book stall and he sold
obscene books without knowing the content of them. Though he was unaware of them, he
was held liable for the act he has done under the section 292 of the IPC , as it does not
mention about the awareness that one has on his act. Hence, we can understand that these
such offences can be convicted even without mens rea and in absence of elements in the actus
reus as well.

1(A)
This principle of legality actually evolved to secure the people against the arbitrariness of the
state of judiciary, which is also expressed in latin going by “nullum crimen sine lege”. This
principle which is said to be, once an act is yet to be considered as a criminal offence. The
punishments will be given in prior by the legislation as it is yet to be a criminal offence and
one cannot be punished for a criminal offence which is yet to be one , as it is still an
uncriminalized act.

2) Kishiv can be held liable in india ,similar situation was held in the case Mobarik Ali
ahmed v state of Bombay, as it said under the Section 2 of the IPC , on the basis of
jurisdiction , offence is considered committed as corporal presence of the offender in our
Country India is immaterial, therefore even though kishiv never visited delhi and cheated
zunu being at Kathmandu, making false representations through letters, telephone
conversations, emails, he can be held liable for the offence he has committed, on the basis of
jurisdiction, considering the fact the offence was committed within India and corporal
presence of one in our country is immaterial.

3)
It can be liable under vicarious liability except for individual crimes of employees.

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