CRIMINAL PYQs
CRIMINAL PYQs
CRIMINAL PYQs
CRIMINAL PYQs
1. X found love letter in daughters bag- clearly suggested lesbian-calling her pervert
went to kitchen to pull out a few knives from kitchen drawer- Wife stopped,
pushed her away-hit her head on stone slab-died- Accused stabbed daughter
several times.
Arguments on behalf of the accused:
Sudden and grave provocation - an exception provided under exceptions
when C.H does not amount to murder, where the person whose death is
caused maybe the person who gave provocation. The person whose
death is caused may be the person who gave the provocation or any other
person.
2. A- Mental age=6 yes Physical age=10 years.- Accused of killing Z, another child
thinking that Z is a demon. A diagonosed with Peter pan syndrome-mental
developmental disorder -mind does not mature in accordance with progression of
age
3. Army officer, Raka- sexually harassed by inebriated superior after being called
into store room, managed to escape with much difficulty. Called again into the
store , the following evening, went there with a knife. Officer started hurling
abuses-aggressively moving towards Raka. Slit his throat. Prosecution argues-
Raka could have left the place.Raka pleads that he stood the risk of losing his job
if he didn’t respond to call of his immediate officer.
4. Virsa singh- difference between second and third clauses of section 300
5. Does the offence of Kidnapping require a subjective element always or is it enough to have the
objective element only? Discuss with relevant case studies.
6. Is minority determined purely on the basis of biological age for deciding culpability in the offence of
kidnapping?
7. What is “enticing”? Discuss by citing relevant case law
8. They also serve who stand and wait.” Milton’s reference from “On His Blindness” was used in the
context of Common Intention in a prominent Indian case. Discuss the context in which the
reference was made and identify other crucial elements of Common Intention under the Indian
Penal Code
9. Five persons concert to loot a bank. Two of them, M and N stay on in the car, with the engine
running on, at the entrance of the bank. Three of them X, Y, and Z, enter the bank. X shoots the
cashier, and Y and Z loot the cash. Police suddenly reaches the bank and apprehends, Y and Z
but X escapes. On seeing the police enter the bank, M and N also run away in the car. Later on, all
the five are arrested and charged with the offences of dacoity, looting and murder. M and N plead
that they are not guilty of any of the offences, certainly not of murder and looting, as they did not
participate in any of these offences. Should their plea prevail?
10. Ranveer saw Ranbir lying motionless on the bedroom floor of his beloved wife Geetika’s bungalow.
Believing Ranbir to be dead and fearing Geetika’s involvement in the murder, Ranveer pushed
Ranbir out of the window of the room to give an impression of suicide. The said bedroom is located
on the 3rd floor of the bungalow. Ranbir eventually died due to multiple fractures and shock on
account of the fall from the 3rd floor.
In the light of landmark cases, decide if Ranveer has committed murder under s.300, IPC or
culpable homicide amounting to murder under s.299, IPC?
11. One fine day, 5 people A, B, C, D and E decided to rob a locked house. On the day of incident, D
changed his mind and didn’t accompany his friends in the act of robbery. A, B, C and E broke into
the house and started robbing it. Before the act of robbery could be complete and they could empty
all the lockers, a servant of the house spotted them. When the servant tried to raise an alarm, A, B
and C approached him and started beating him. However, the servant escaped and started running
towards the door to call for help. In the meanwhile, A took out a pistol and shot the servant. As the
body of the servant was lying there, the four robbers A, B, C and E completed the robbery, left the
place of incident, but were eventually caught by the police on their way home.
Evaluate the liability of each member of the gang. State reasons.
12. Write short notes:
Criminal law and Balancing of interests.
Differentiate strict liability from Fault-based liability.
Differentiate Common intention from similar intention.
13. Shailen is a qualified naturopath. One day a patient approaches Shailen with complaints of severe
abdominal pain. Shailen guarantees that he can relieve the patient from his pain and as an act of
goodwill, he also declines to take any payment from him. He administers several doses of ocimum
tenuiflorum, a known natural remedy for stomach ailments. He rotates it alternatively with other
strong herbs. However, while administering the medicine, Shailen fails to take note of the X ray and
ultrasound reports of the patient which clearly reveal that he suffers from serious gut ulcers. As a
consequence of the herbs, the pain induced by the ulcers is enhanced. When the patient’s pain
increases, Shailen also increases the dosage and the pain keeps on increasing. Within a gap of
two days the patient dies.
14. Is Shailen entitled to any defence under the Code? Give reasons for your answer.- no, not
even good faith as it requires with reasonable care and caution
15. Critically analyse the judgment of R. v. Dudley and Stephen. What were the views of Stephen on
the points of law laid down in this case? Limit your answer to 300 words.
16. Distinguish between Motive, Intention, Volition and Knowledge. Give illustrations wherever
necessary. Limit your answer to 300 words.
17. A, an Egyptian national was travelling from Egypt to Singapore via Mumbai. When A was in Eqypt,
he had met his friend, C, who is a wealthy diamond merchant and also has his business in India. B,
D, E, and F were partners in the firm Tribhuvandas Bhimji Zaveri Diamond Co.Ltd. (in short TBZD
Co) C had to ship a parcel of diamonds to TBZD Co. Because C didn’t want to pay the custom
duty, he requested A who was travelling to Singapore via Mumbai to deliver the same to the
employee B. When A was in transit, in the plane, he was arrested by the custom officials for not
declaring the details of the diamonds on charges of carrying diamonds in contravention of
prevalent laws in India.
18. Soon after the arrest, B, D, E and F informed the company about the arrest and their failure to get
the diamonds to which their boss Z publicly insulted them and terminated B from the company.
19. In order to take revenge, B convinced his friend Y that Z needs to be taught a lesson and decided
to kill Z. B convinced Z to purchase a gun. Z purchased the gun and along with B went to Z’s house
to execute their plan. While going to Z’s house, they met D, E and F on their way wherein B asked
them where they were going to?. They said, that Z had decided to reduce their salary on no proper
notice or reason. All of them went to Z’s house. When Z’s wife opened the door she saw B, D, E,
and F and asked them to wait, while Y was at the main entrance 15 meters away from the door. Z’s
wife overheard them speaking of their anguish towards Z for terminating B and reducing the others
salary. When Z came to know about this, he tried to run away sensing a danger to his life and had
informed the nearby police station. Y saw Z running and shouted while others came out and ran
towards Z. D, E and F caught hold of him while B shot the gun and killed Z.
Find out with reasons the liability of C, B, Y, D, E and F.
20. “Finally in 1979, the Supreme Court overturned the conviction of the High Court and acquitted the
accused. The Supreme Court agreed with the Sessions Judge that this was a case of consensual
sexual intercourse. On this point the Supreme Court further added that since “no marks of injury”
were found on her body there was “no resistance” on her part and since she did not “raise an
alarm” for help she “consented to sex.” Firstly, it is astonishing that this Court has equated the lack
of resistance to consent. Even if she tried to resist she would be powerless in front of two well-built,
strong constables and thus impossible for “marks of injury” to be carved onto her body.” Secondly,
it is questionable as to how the Courts are certain that she did not shout for help. The Supreme
Court further agreed with the Sessions Judge that she was “habitual to sex” and this entire story
was concocted to sound “virtuous in front of her husband”.
With reference to the above quote, answer the following : (Marks are indicated in the adjacent
brackets for each sub question)
Which case the above quoted paragraph refers to?
Did the court decide this case on merits or it concluded its decision without any link to its premise?
Justify your answer indicating the two major fallacies in this case.
21. Saffron and William studied together at college. On the night of their graduation ceremony, William,
who was the most popular guy of his batch decided to get drunk for the first time. So, with the
consent of his friends, he planned a “Drink till you Drop” night and invited Saffron to join his group
at Rex’s Bar. After a few rounds of alcohol and several shots of vodka, people started turning wild.
All of a sudden, William who was partially intoxicated groped Saffron, his long-time crush. Saffron
was severely intoxicated and high on cocaine, so, she could barely realise what was happening.
Realising that Saffron was not resisting, William had sexual intercourse with her. The next day,
when Saffron realised what had transpired the night before, she pressed charges under section
375 of the Indian Penal Code against William. Decide the culpability of William in this case in the
light of recent amendments in the Indian Penal Code.
22. Nishi, a fashion designer, works till late in the night at her office. One day, during office hours,
when she was crossing over to her colleague’s desk, Ranjan, a co-worker remarked “I love the
black dupatta you are wearing but it would have looked better, had the fabric been translucent.
Don’t you think?” Nishi found the remarks to be a bit odd but decided to ignore, as Ranjan was a lot
into textures and colours of fabric, being a designer. A week later, a fashion show was to be
organised and in the evening, Ranjan went to the show-stopper, who was wearing a flared skirt
and remarked, “Aah! This is all wrong, Nishi. The skirt should have been several inches shorter.
You need to expose! E.X.P.O.S.E. Do you understand? Why don’t you? Nishi remarked , “It’s a
handloom exhibition and look at the design. This is what we were asked to replicate. It’s got to be a
knee length flared skirt, which it is.” Ranjan grinned and remarked, “Alas! It is! Isn’t it? How about
re-creating the design some other time, making it a few inches shorter and trying it on you? I see
that you have nice legs.”
. In the light of the Criminal Laws (Amendment) Act, 2013 answer the following questions:
● What are the major changes brought about by the amendment in the definition of Rape?
● Analyse the pros and cons of the changes introduced by the Criminal Law (Amendment)
Act.
23. Raktim and Rishi were in a live-in relationship for two years. However, considering the
discrimination against the LGBTQIA community in India, Rishi wanted to keep their relationship
under wraps while Raktim was bolder in his approach towards the situation. One evening, they
hosted a party at their house and Raktim took Rishi by surprise with a proposal for marriage. Rishi
was livid and pushed Raktim away in the presence of guests. Five hours later, the party came to an
end and after all the guests had left, Rishi and Raktim had a heated argument over the marriage
proposal made in public. Rishi kept hitting Raktim several times in between the conversation.
Raktim tried to cool him down but his attempt to do so triggered Rishi further. In intense rage, Rishi
picked up a glass bottle and hit Raktim on the neck. Then, he stabbed Raktim several times in the
abdomen. Then he locked up the house and travelled back to his parents’ house. Later on,
Raktim’s dead body was discovered and the police traced their way to Rishi for the homicide.
Forensic reports revealed that the abdominal injuries were sufficient to kill the victim instantly. In
court, Rishi’s defence was that the incident occurred in the heat of the moment and he had no
intention to kill Raktim. Decide whether Rishi should be made liable for Culpable Homicide or
Murder by referring to relevant provisions of law.
24. While Govind is a religious person, his wife Mita is an educated fashionable lady. Somehow
Govind did not like the progressive attitudes of Mita and often he persuaded her not take
leadership in social reformation activities. At times, members of NUTAN (a local NGO) also hold
meeting at her residence. James is a social activist of NUTAN who frequently meet Mita to discuss
the activities of NUTAN. Both Mita and James go to different villages to implement the Family
Planning programmes.The matrimonial relationship between Govind and Mita became strained due
to the association of James with Mita. One day, When Govind attempted to commit suicide by
hanging, the villagers rescued him and admitted him in the Hospital where he was treated in
Psychiatric ward for 20 days. After the return from the hospital the matrimonial relationship
between husband and wife improved. Later, they were blessed with a son. In the meantime, James
invited Mita to join NUTAN as Secretary and manage the organization. On 2 nd Feb 2011 Govind
had quarrel with Mita and when his mother attempted to pacify the situation she was beaten by
Govind. On 3rd Feb 2011 at about 3 P.M Govind came with his son and told his mother to take care
of the child. Govind was holding a chopper in hand and his baniyan and lungi had blood stains, The
mother of Govind took the child and ran away from the spot and caused alarm. The villagers saw
the dead body of Mita laying on the cot. Later, Police came and arrested Govind. On the same day,
(3rd Feb 2011) James also reported to the Police that at about 2.30 PM Govind attacked him with a
sharp knife and injured him. Somehow James could save himself. The Police charged Govind U/S
299,300, 304, 326. Govind pleaded the defence of insanity.
In light of the given facts write down the arguments from the Prosecution and the Defence side.
Critically analyze the distinction between medical and legal insanity. Give relevant cases for reference.
25. . Distinguish between Same/Similar intention, Common Object and Common Intention by referring
to relevant provisions of the Indian Penal Code and cite case-law to support your answer.
26. X, a young woman of 25 years, was molested by R, a 30-year-old man in her office while she was
trying to park her car in the garage. R kept stalking X and harassing her several times and one day,
when X was walking out of the office at night, she could hear R approaching her. It was a winter
night and the man behind her was wearing heavy winter garments. X picked up a brick lying on the
ground and hit R on the head with it. R fell down and hit his head against an iron rod that was lying
on the ground. He died on the spot. However, X looked at his face by throwing some torch-light
and realized that it was not R. He was another colleague was just walking behind her to pick up his
car from the same parking space. Decide if X would be liable for homicide under the Indian Penal
Code.
27. Z promised to marry Y. Based on such promise, Y had sexual intercourse with Z. Later, Z refused
to marry Y and Y accused Z of Rape. Decide if Z is guilty of committing Rape.
28. Z, the village headman was instructed by the village deity in his dreams to sacrifice two young boys
at the temple of the village deity – to end the drought that had wrecked the crops that year- and led
to several deaths. Z takes two boys aged 16 and 17 years, who consent to the sacrifice. Z kills
them and offers their blood to the deity. Later, in court, Z argues that he acted under a delusion. Is
Z guilty of any offence?
29. How is the term “soon before” interpreted in section 304-B of the Indian Penal Code? Critically
comment on the decision of the Orissa High Court in Keshab Chandra Panda v State (1995) Cr LJ
174 (Ori).
30. Analyse Tukaram v. State of Maharashtra
31. X and Y are under-graduate students of second year in Z College of Engineering. X (woman) is
persuaded by Y (male) to have sexual relationship and she yields to Y, believing that he would be
marrying her in future. Months later, Y refuses to marry her and X alleges Rape. Judge whether Y
may be guilty of raping X.
32. A is a young woman who is 17 years and 10 months old. She is in love with her senior in college
who is 21 years of age. Against the resistance of their parents, A asked B to pick her up from work
one day with the intent of getting married. B picked A up and then both went to the temple and got
married without informing their parents. Later, B’s parents filed a case of abduction against A. On
the other hand, A’s parents also filed a case of kidnapping against B. While A identifies as a
cisgender woman, B identifies as a transman. Discuss the culpability of A and B.
33. The appellants, 3 in number, had conspired together to rob the safe of the Base Supply Office
where a large amount of money was usually kept for distribution on pay-day. In the night they
caught hold of the deceased D who was the Security guard of the Base Supply Office. They
covered his mouth with adhesive plaster, tied a handkerchief over it, and plugged his nostrils with
cotton soaked in chloroform. They also tied his hands and legs with rope and deposited him in a
shallow drain. Before they could rob the safe, they were recognised by others at the base but they
were successful in running away. The next morning the dead body of D was recovered. The cause
of death was asphyxiation. The charge was framed under s.302 for murder against the apellants.
● Make an assessment if the appellants (accused persons) are guilty of murder or culpable
homicide, drawing the distinction between the two with relevant case references.
● Frame the arguments on behalf of the defence.
34. Loni Baba was a self-styled sadhu having followers in great numbers in the nearby villages of Durg
district of Chhattisgarh. In his ashram, there were many devotees especially young girls belonging
to poor families, whose parents had put them under the charge of Loni Baba for his services in
exchange for cash as well as kinds given to the poor parents. Most of these girls were in the age
group of 16-20 years. Loni Baba used to regularly molest these girls by turns and sometimes had
sexual intercourse with them. These girls did not raise any objection owing to the fact that they
thought it is part of their service to Loni Baba. Bulbul (aged 20 years) was a new entrant and after
hearing the stories from the other girls understood that such acts amounted to sexual exploitation
and she counseled the other girls to raise alarm against Loni Baba. One day Loni Baba called for
Bulbul to his hut and started touching her, she kept saying “no” but out of fear could not shout and
had to give in and the Baba had sexual intercourse with her. Later that night. Bulbul managed to
escape from the ashram, reached the nearest police station, and narrated the incidents to the
Officer-in-Charge (OC). As none of the other girls gave any statement against Loni Baba, charges
of rape and wrongful confinement of Bulbul were put against Loni Baba.
a. Do you think loni baba is liable for raping bulbul? Give reasons for your answer
b. Discuss critically the paradigm shift in the concept of consent in rape from Mathura to
Nirbhaya
35. With respect to the offence of Kidnapping in the Indian Penal Code answer the following
questions:
a. Critically analyze the difference between ‘enticing’ and ‘taking’.
b. What is the role of a minor’s consent in abandoning lawful guardianship?
36. X calls Mr. A on 1.3.2024 and says, “If you do not transfer to my account Rs 1 lakh, I will post on
Facebook the nude and indecent photos of your deceased daughter.” Mr A does not transfer the
money and on the next day, X forcibly enters the house of Mr A and threatens him again that if by
11.59 pm of 2.3.2024, he does not transfer Rs 1 lakh he will publish those photos on Facebook.
37. X, a landlord, rented out an apartment to A. Despite repeated reminders and notices, A failed to
pay rent for several months. Frustrated with the non-payment, X decided to take matters into his
own hands and entered her rented apartment in A’s absence and proceeded to remove all his
furniture from the premises. Upon returning to his apartment, A was shocked to find it empty.
38. Shift in the legal position in section 377 of IPC vis-a-via the BNS
39.
40. VDFV
41. VFDV