Indian Penal Code (IPC)

Judiciary Mains Examination

Time: 3 Hours
Maximum Marks: 100

Instructions

1. Answer all five questions.
2. Each question carries 20 marks.
3. Answers must be supported with relevant statutory provisions and case law.
4. Illustrate answers with clear reasoning and application of law to facts.

Module I – General Exceptions & Criminal Liability (20 Marks)

A, a security guard, fires at B believing him to be a thief entering the premises at night. B later dies. It is proved that B was an unarmed neighbour who had entered by mistake.

(a) Discuss A’s criminal liability under the IPC.
(b) Examine the applicability of Sections 76, 79, 96–106 IPC.
(c) Whether the defence of good faith is available to A?

Module II – Culpable Homicide & Murder (20 Marks)

A, during a sudden quarrel, strikes B with a heavy iron rod on the head causing B’s death.

(a) Distinguish between culpable homicide and murder.
(b) Determine whether A is liable under Section 299 or Section 300 IPC.
(c) Discuss the applicability of Exception 4 to Section 300 IPC with case law.

Module III – Offences Against Property (20 Marks)

A dishonestly induces B to deliver a valuable antique by falsely representing that it is required for a government exhibition. Later, A sells the antique for personal gain.

(a) Identify the offence committed by A.
(b) Differentiate between cheating (Section 415 IPC) and criminal breach of trust (Section 405 IPC).
(c) State the punishment prescribed.

Module IV – Abetment, Conspiracy & Common Intention (20 Marks)

A, B and C plan to rob D. During the robbery, B causes grievous hurt to D without A’s prior knowledge.

(a) Discuss the liability of A under Section 34 IPC.
(b) Examine the concept of criminal conspiracy under Section 120B IPC.
(c) Can A escape liability by pleading lack of intention to cause hurt?

Module V – Sexual Offences & Offences Against Women (20 Marks)

A promises to marry B and on that promise has sexual relations with her. Later, it is proved that A never intended to marry B.

(a) Whether consent obtained on false promise of marriage amounts to rape?
(b) Discuss the scope of Section 375 IPC.
(c) Refer to relevant Supreme Court judgments.

**— End of Question Paper —

MODEL ANSWERS (IRAC FORMAT)

Module I – General Exceptions & Criminal Liability

Issue

Whether A, who caused the death of B under a mistaken belief, is protected by General Exceptions under the IPC and whether criminal liability arises.

Rule

• Section 76 IPC: Act done by a person bound by law.
• Section 79 IPC: Act done by a person justified by law or by mistake of fact in good faith.
• Sections 96–106 IPC: Right of private defence.
• Good faith requires due care and attention (Section 52 IPC).

Application

A fired at B under the belief that B was a thief entering the premises at night. However, B was unarmed and posed no immediate threat. The right of private defence extends only to reasonable apprehension of danger. Mere suspicion without imminent threat does not justify causing death. Further, the act of firing without verification may indicate lack of due care, thereby negating good faith.

Conclusion

A cannot claim full protection under Sections 96–106 IPC. However, if the court finds honest belief with reasonable care, benefit under Section 79 IPC may apply, reducing or negating criminal liability depending on facts.

Module II – Culpable Homicide & Murder

Issue

Whether the act of A amounts to culpable homicide not amounting to murder or murder under the IPC.

Rule

• Section 299 IPC: Culpable homicide.
• Section 300 IPC: Murder.
• Exception 4 to Section 300: Sudden fight without premeditation in heat of passion.

Application

A caused B’s death during a sudden quarrel using a heavy iron rod. There was no premeditation and the act occurred in the heat of passion. Although the injury was sufficient to cause death, the circumstances attract Exception 4 as laid down in Surinder Kumar v. Union Territory of Chandigarh.

Conclusion

A is liable under Section 304 IPC and not under Section 302 IPC.

Module III – Offences Against Property

Issue

Whether A committed cheating or criminal breach of trust.

Rule

• Section 415 IPC: Cheating requires dishonest intention at inception.
• Section 405 IPC: Criminal breach of trust requires entrustment.

Application

A induced B to deliver an antique by false representation. Dishonest intention existed from the beginning, and there was no entrustment for a specific purpose with obligation to return.

Conclusion

A is guilty of cheating under Section 420 IPC and is liable for punishment prescribed therein.

Module IV – Abetment, Conspiracy & Common Intention

Issue

Whether A is liable for grievous hurt caused by B during the robbery.

Rule

• Section 34 IPC: Common intention.
• Section 120B IPC: Criminal conspiracy.

Application

A, B, and C shared a common intention to commit robbery. Causing hurt was a probable consequence of the act. As per settled law, individual overt acts are not necessary when common intention is proved.

Conclusion

A is vicariously liable under Section 34 IPC and cannot escape liability merely by pleading lack of intention to cause hurt.

Module V – Sexual Offences & Offences Against Women

Issue

Whether consent obtained on false promise of marriage constitutes rape.

Rule

• Section 375 IPC: Consent must be free and informed.
• Consent obtained under misconception of fact is no consent (Section 90 IPC).

Application

A never intended to marry B and induced consent by false promise. As held in Pramod Suryabhan Pawar v. State of Maharashtra, such consent is vitiated.

Conclusion

The act amounts to rape under Section 375 IPC and A is criminally liable.

— End of Model Answers —**