Q1. What is the difference between culpable homicide and murder?
Answer:
Culpable homicide is the genus and murder is the species.
All murders are culpable homicides, but not all culpable homicides are murders.
The distinction depends upon degree of intention and knowledge as explained by the Supreme Court in State of A.P. v. Rayavarapu Punnayya (1976).
The four clauses of Section 300 IPC determine when culpable homicide amounts to murder.
The test under Section 300 “Thirdly” was authoritatively laid down in Virsa Singh v. State of Punjab (1958).
Q2. Is registration of FIR mandatory in every case?
Answer:
Yes, registration of FIR is mandatory if the information discloses commission of a cognizable offence.
This was conclusively settled in Lalita Kumari v. State of U.P. (2014).
However, a preliminary inquiry is permissible in limited categories like matrimonial disputes, commercial offences, medical negligence, etc.
Q3. Can police arrest an accused automatically in a cognizable offence?
Answer:
No. Arrest is not automatic.
In Joginder Kumar v. State of U.P. (1994) and reaffirmed in Arnesh Kumar v. State of Bihar (2014), the Supreme Court held that arrest must be justified by necessity and reasons under Section 41 CrPC.
Q4. What safeguards exist against custodial torture?
Answer:
The Supreme Court in D.K. Basu v. State of West Bengal (1997) laid down mandatory arrest guidelines, including:
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Arrest memo
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Information to relative/friend
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Medical examination
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Production before Magistrate within 24 hours
Violation attracts departmental as well as contempt liability.
Q5. Explain the concept of “rare of rare” doctrine.
Answer:
The doctrine was laid down in Bachan Singh v. State of Punjab (1980).
Death penalty can be imposed only when:
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Life imprisonment is unquestionably foreclosed, and
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The crime shocks the collective conscience of society.
Further guidelines were provided in Machhi Singh v. State of Punjab (1983).
Q6. What is the value of circumstantial evidence?
Answer:
Conviction can be based solely on circumstantial evidence if the chain is complete.
In Sharad Birdhichand Sarda v. State of Maharashtra (1984), the Supreme Court laid down the five golden principles, including that circumstances must be consistent only with guilt and exclude every hypothesis of innocence.
Q7. What is the principle governing bail?
Answer:
Bail is the rule and jail is the exception.
This principle was propounded in Gudikanti Narasimhulu v. Public Prosecutor (1978) and reiterated in Sanjay Chandra v. CBI (2012).
Q8. Are confessions made to police admissible?
Answer:
No. Confessions made to police are barred under Sections 25 and 26 of the Evidence Act.
However, discovery of fact under Section 27 is admissible as held in State of U.P. v. Deoman Upadhyaya (1960).
Q9. Can narco-analysis or polygraph tests be conducted during investigation?
Answer:
Without consent, they violate Article 20(3).
In Selvi v. State of Karnataka (2010), the Supreme Court held such techniques unconstitutional if conducted without voluntary consent.
Q10. What is the right to speedy trial?
Answer:
Right to speedy trial is a fundamental right under Article 21.
It was recognized in Hussainara Khatoon v. State of Bihar (1979) and applies from investigation till conclusion of trial.
📊 PART B: IPC – CrPC – EVIDENCE ACT
🔥 HIGH-YIELD CASE-LAW CHARTS (EXAM READY)
🟥 IPC CASE-LAW CHART
| Topic | Section | Case | Principle |
|---|---|---|---|
| Murder | 300 | Virsa Singh v. State of Punjab | Test under “Thirdly” |
| Murder vs CH | 299–300 | Rayavarapu Punnayya | Degree of intention |
| Attempt | 511 | State v. Mohd. Yakub | When preparation ends |
| Death Penalty | 302 | Bachan Singh | Rare of rare doctrine |
| Sentencing | 302 | Machhi Singh | Aggravating factors |
| Mistake of Fact | 76–79 | R v. Prince | Good faith protection |
| Benefit of Doubt | — | Kali Ram v. State of H.P. | Favour accused |
🟦 CrPC CASE-LAW CHART
| Topic | Section | Case | Principle |
|---|---|---|---|
| FIR | 154 | Lalita Kumari | Mandatory registration |
| Arrest | 41 | Arnesh Kumar | No automatic arrest |
| Arrest Rights | — | Joginder Kumar | Arrest ≠ detention |
| Custody | — | D.K. Basu | Arrest safeguards |
| Bail | 437–439 | Gudikanti Narasimhulu | Bail is rule |
| Speedy Trial | — | Hussainara Khatoon | Article 21 |
🟩 EVIDENCE ACT CASE-LAW CHART
| Topic | Section | Case | Principle |
|---|---|---|---|
| Confession | 25–26 | Nandini Satpathy | Self-incrimination |
| Discovery | 27 | Deoman Upadhyaya | Partial admissibility |
| Circumstantial | — | Sharad Sarda | Five golden rules |
| Scientific Tests | — | Selvi | Consent mandatory |
| Rape Trial | — | Gurmit Singh | In-camera trial |