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LL.B. STUDY NOTES


102 Criminal Law Paper I
(General Principles of Criminal Law)

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17-Jul-2017. Exam centric version-2.0 compiled by ketan.bhatt@iitbombay.org in
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102 Criminal Law Paper I


(General Principles of Criminal Law)
CONTENTS

Module-1) General
Module-2) Punishments
Module-3) General Defenses
Module-4) Offences Relating to Public Tranquility
Module-5) Offences against State, giving of false evidence, etc.

Objective of the course :


The Indian Society has changed very rapidly since independence. A proper
understanding of crimes, methods of controlling them and the socio-economic and
political reasons for their existence is now extremely important in the larger context of
Indias development . If students are to use their knowledge and skills to build a just
and humane society. The curriculum outlined here attempts to bring in these new
perspectives.

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Module-1) General:
1.1) Conception of Crime, Stages of Crime, (including Section 511) Mens Rea
1.2) Applicability of the Indian Penal Code : Intra-Territorial Jurisdiction and
Extra-Territorial Jurisdiction -
1.3) General Explanations : Public Servant, Wrongful Gain, Wrongful Loss,
Valuable Security, Harbour
1.4) Group Liability
1.4.1) Common Intention (related to Para-4.5)
1.4.2) Criminal Conspiracy
1.5) Abetment

GO TO CONTENTS.

MODULE-1 QUESTIONS :

Explain in detail the concept of crime, stages of crime and mens rea under Indian
Penal Code. (Nov-2011)
Give meaning of Crime, explain the different stages of crimes with case laws. (Nov-
2014, Dec-2015)
Explain in detail the concept and different stages of crime. (Apr-2013)
Explain in detail the stages of crime. (Nov-2012)
Discuss mental elements such as Mens-rea, Intention and Motive in offence of IPC.
(Apr-2013)
Explain in detail the Intra-Territorial and Extra-Territorial jurisdiction of Indian
Penal Code. (Nov-2011, Nov-2012)
Explain intra-extra territorial jurisdiction of the Indian Penal Code. (Apr-2013)
Explain in detail the Intra and extra Territorial jurisdiction of the Indian Penal Code.
(Apr-2013, Apr-2016)
Explain in detail the applicability of the Indian Penal Code as Intra-Territorial as well
as Extra-territorial jurisdiction with case laws. (Dec-2015)
Discuss : Wrongful Gain.
Discuss : Wrongful Loss.
Explain : Valuable Security (Apr-2013, Nov-2014, Dec-2015, Apr-2016)
Explain : Offence relating to weights and measures (Apr-2013)
Explain : Public Nuisance (Apr-2013)

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Explain : Dishonestly (Apr-2013)


Explain : Dishonesty (Nov-2014, Dec-2015)
Discuss in detail : Harbouring the Offenders. (Nov-2012)
Comment : There is no criminal liability in case of harbouring the offender. (Nov-
2011)
Explain : Harbouring the offenders (Apr-2016)
Explain in detail the concept of "Common Intention" under the Indian Penal Code
with decided cases. (Nov-2012)
Explain : Common intention Same intention. (Apr-2013)
Explain in detail the liability for criminal conspiracy and common intention for any
kind of offence. (Apr-2013)
Explain with Case Laws the provisions of criminal Conspiracy under the Indian Penal
Code with Case Laws. (Nov-2012)
Explain in detail the liability for criminal conspiracy and common intention for any
kind of offence. (Apr-2013)
Explain in detail the provisions of criminal conspiracy prescribed under the Indian
penal code with case laws for offences. (Apr-2016)
Explain the concept of Abatement under the Indian Penal Code. (Nov-2012)
Explain abetment and its different kinds. (Apr-2013)
Explain in detail the concept of Abetment and its different kinds. (Apr-2013)
Discuss the various legal provisions relating to Abetment. (Nov-2014)
Explain the provisions of abetment prescribed under the Indian Penal code with case
laws. (Dec-2015)
"All murder are culpable homicide but all homicide are not murder." Explain this
statement with illustrations. (Nov-2011)

GO TO CONTENTS.

MODULE-1 ANSWERS :

Explain in detail the concept of crime, stages of crime and mens rea under Indian
Penal Code. (Nov-2011)
Give meaning of Crime, explain the different stages of crimes with case laws. (Nov-
2014, Dec-2015)
Explain in detail the concept and different stages of crime. (Apr-2013)
Explain in detail the stages of crime. (Nov-2012)

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Discuss mental elements such as Mens-rea, Intention and Motive in offence of IPC.
(Apr-2013)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Explain in detail the Intra-Territorial and Extra-Territorial jurisdiction of Indian


Penal Code. (Nov-2011, Nov-2012)
Explain intra-extra territorial jurisdiction of the Indian Penal Code. (Apr-2013)
Explain in detail the Intra and extra Territorial jurisdiction of the Indian Penal Code.
(Apr-2013, Apr-2016)
Explain in detail the applicability of the Indian Penal Code as Intra-Territorial as well
as Extra-territorial jurisdiction with case laws. (Dec-2015)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Discuss : Wrongful Gain.


ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Discuss : Wrongful Loss.


ANSWER :
Refer :

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GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Explain : Valuable Security (Apr-2013, Nov-2014, Dec-2015, Apr-2016)


ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Explain : Offence relating to weights and measures (Apr-2013)


ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Explain : Public Nuisance (Apr-2013)


ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Explain : Dishonestly (Apr-2013)


Explain : Dishonesty (Nov-2014, Dec-2015)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

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Discuss in detail : Harbouring the Offenders. (Nov-2012)


Comment : There is no criminal liability in case of harbouring the offender. (Nov-
2011)
Explain : Harbouring the offenders (Apr-2016)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Explain in detail the concept of "Common Intention" under the Indian Penal Code
with decided cases. (Nov-2012)
Explain : Common intention Same intention. (Apr-2013)
Explain in detail the liability for criminal conspiracy and common intention for any
kind of offence. (Apr-2013)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

Explain with Case Laws the provisions of criminal Conspiracy under the Indian Penal
Code with Case Laws. (Nov-2012)
Explain in detail the liability for criminal conspiracy and common intention for any
kind of offence. (Apr-2013)
Explain in detail the provisions of criminal conspiracy prescribed under the Indian
penal code with case laws for offences. (Apr-2016)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

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Explain the concept of Abatement under the Indian Penal Code. (Nov-2012)
Explain abetment and its different kinds. (Apr-2013)
Explain in detail the concept of Abetment and its different kinds. (Apr-2013)
Discuss the various legal provisions relating to Abetment. (Nov-2014)
Explain the provisions of abetment prescribed under the Indian Penal code with case
laws. (Dec-2015)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

"All murder are culpable homicide but all homicide are not murder." Explain this
statement with illustrations. (Nov-2011)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

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Module-2) Punishments
2.1) Theories of punishment
2.2) Kinds of Punishment :
2.2.1) Death Sentence : Constitutionality & Judicial Approach
2.2.2) Life Imprisonment
2.2.3) Imprisonment : Simple and Rigorous, Solitary Confinement
2.2.4) Forfeiture of Property
2.2.5) Fine : Rules imposing fine
2.3) Discretion in awarding punishment

GO TO CONTENTS.

MODULE-2 QUESTIONS :

Explain in detail the different theories of punishment. (Dec-2015)


Explain in detail the various theories of Punishment. (Apr-2016)
Explain the purposes behind the punishment and state different kinds of
punishment. (Nov-2011)
Discuss in detail the constitutionality of the Death Penalty. (Apr-2013, Apr-2016)
Comment : There is no provision of solitary confinement in IPC (Nov-2011)
Explain in detail the kinds of punishments. (Nov-2012)
What are the purpose of punishment ? Enumerate in detail the kinds of punishment
prescribed under the Indian Penal Code. (Apr-2013)
Explain in detail the various theories of Punishment. (Apr-2013)
Discuss the various provisions relating to Punishment in the IPC . (Nov-2014)
Discuss : Discretion in awarding punishment.

GO TO CONTENTS.

MODULE-2 ANSWERS :

Explain in detail the different theories of punishment. (Dec-2015)


Explain in detail the various theories of Punishment. (Apr-2016)

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ANSWER :
Refer :

GO TO MODULE-2 QUESTIONS.
GO TO CONTENTS.

Explain the purposes behind the punishment and state different kinds of
punishment. (Nov-2011)
Discuss in detail the constitutionality of the Death Penalty. (Apr-2013, Apr-2016)
Comment : There is no provision of solitary confinement in IPC (Nov-2011)
Explain in detail the kinds of punishments. (Nov-2012)
What are the purpose of punishment ? Enumerate in detail the kinds of punishment
prescribed under the Indian Penal Code. (Apr-2013)
Explain in detail the various theories of Punishment. (Apr-2013)
ANSWER :
Refer :

GO TO MODULE-2 QUESTIONS.
GO TO CONTENTS.

Discuss the various provisions relating to Punishment in the IPC. (Nov-2014)


ANSWER :
Refer :

GO TO MODULE-2 QUESTIONS.
GO TO CONTENTS.

Discuss : Discretion in awarding punishment.


ANSWER :
Refer :

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GO TO MODULE-2 QUESTIONS.
GO TO CONTENTS.

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Module-3) General Defenses :


3.1) Mental Incapacity, Minority, involuntary intoxication and Insanity as a
defence
3.2) Right of Private Defence : Justification and limits
3.3) When private defence extends to causing of death to protect body and
property ?
3.4) Necessity
3.5) Mistake of facts

GO TO CONTENTS.

MODULE-3 QUESTIONS :

Explain in detail with decided cases the "General Exceptions" under the Indian Penal
Code. (Nov-2012)
Explain the Act of child and Act done by consent as general exceptions. (Apr-
2013)
Discuss : Necessity as a General Defence.
Explain in detail the General Exceptions prescribed under the Indian Penal Code for
any charge of an offence. (Apr-2013, Apr-2016)
Discuss the right of private defence and state its essential elements. (Nov-2011)
Explain in detail with decided cases when the right of private defence of body or
property extends to the causing of death to the offender. (Nov-2012)
Discuss the right of private defence and explain limitation of this right. (Nov-2014,
Dec-2015)
Discuss the provisions of right of private defense of property and body. (Apr-2013)
Comment : Private defence extends to causing of death to protect body. (Nov-2011)
Discuss in fully the provisions of Right to Defence of Property and Body. (Apr-2013)
Comment : Mistake of fact is a civil defence. (Nov-2011)
Explain : Mistake of fact (Nov-2014, Dec-2015, Apr-2016)

GO TO CONTENTS.

MODULE-3 ANSWERS :

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Explain in detail with decided cases the "General Exceptions" under the Indian Penal
Code. (Nov-2012)
Explain the Act of child and Act done by consent as general exceptions. (Apr-
2013)
Discuss : Necessity as a General Defence.
Explain in detail the General Exceptions prescribed under the Indian Penal Code for
any charge of an offence. (Apr-2013, Apr-2016)
ANSWER :
Refer :

GO TO MODULE-3 QUESTIONS.
GO TO CONTENTS.

Discuss the right of private defence and state its essential elements. (Nov-2011)
Explain in detail with decided cases when the right of private defence of body or
property extends to the causing of death to the offender. (Nov-2012)
Discuss the right of private defence and explain limitation of this right. (Nov-2014,
Dec-2015)
Discuss the provisions of right of private defense of property and body. (Apr-2013)
Comment : Private defence extends to causing of death to protect body. (Nov-2011)
Discuss in fully the provisions of Right to Defence of Property and Body. (Apr-2013)
ANSWER :
Refer :

GO TO MODULE-3 QUESTIONS.
GO TO CONTENTS.

Comment : Mistake of fact is a civil defence. (Nov-2011)


Explain : Mistake of fact (Nov-2014, Dec-2015, Apr-2016)
ANSWER :
Refer :

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GO TO MODULE-3 QUESTIONS.
GO TO CONTENTS.

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Module-4) Offences Relating to Public Tranquility:


4.1) Unlawful Assembly
4.2) Rioting
4.3) Affray
4.4) Common Object
4.5) Distinction between Common Object & Common Intention (related to
Para-1.4.1)

GO TO CONTENTS.

MODULE-4 QUESTIONS :

Explain in detail the offences of public tranquility. (Nov-2011)


State the meaning of Unlawful Assembly and discuss the liabilities of its members.
(Nov-2014, Apr-2016)
Explain the distinction between Riot, Affray and Assault. (Nov-2014)
Discuss : Common Object and distinguish it from Common Intention.

GO TO CONTENTS.

MODULE-4 ANSWERS :

Explain in detail the offences of public tranquility. (Nov-2011)


State the meaning of Unlawful Assembly and discuss the liabilities of its members.
(Nov-2014, Apr-2016)
Explain the distinction between Riot, Affray and Assault. (Nov-2014)
ANSWER :
Refer :

GO TO MODULE-4 QUESTIONS.
GO TO CONTENTS.

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Discuss : Common Object and distinguish it from Common Intention.


ANSWER :
Refer :

GO TO MODULE-4 QUESTIONS.
GO TO CONTENTS.

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Module-5) Offences against State, giving of false evidence, etc.:


5.1) Offences against State :
5.1.1) Wagging war against the Government of India etc.
5.1.2) Sedition
5.2) Giving/fabricating false evidences : Offences & Punishment
5.3) Offences relating to election
5.4) Offences by or against Public Servants

GO TO CONTENTS.

MODULE-5 QUESTIONS :

Explain in detail the offences against the State. (Nov-2011, Nov-2012)


State the offences against State. (Apr-2013)
Explain in detail the offences against the State. (Apr-2013)
Explain : Offences against the State. (Nov-2014, Apr-2016)
Explain in detail the offences against the state with case laws. (Dec-2015, Apr-2016)
Discuss : Wagging war against the Government of India etc.
Discuss : Sedition.
State the offences relating to giving false evidence and fabricating false evidence.
(Nov-2011)
Explain in detail the offence relating to giving and fabricating false evidences. (Apr-
2013)
Explain : Offences relating to giving false evidence and fabricating false evidence.
(Nov-2014)
Explain in detail the offences relating to giving false evidence and fabricating false
evidence with case laws. (Dec-2015, Apr-2016)
Explain : Fraudulently (Nov-2014, Dec-2015)
Explain : Good Faith (Nov-2014, Dec-2015)
Explain : Document (Nov-2014, Dec-2015)
Discuss in detail : Offences against the Election. (Nov-2012)
Explain : Offences relating to Election (Apr-2013, Nov-2014)
Explain in detail the provisions of offences relating to election in Indian Penal Code
with case laws. (Dec-2015)
Explain : Offences by or relating to Public Servant. (Nov-2014)

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Discuss in detail : Public Servant and Government Servant and its


distinguishment. (Nov-2012)
Comment : Definition of public servant is not given in I.P.C. (Nov-2011)

GO TO CONTENTS.

MODULE-5 ANSWERS :

Explain in detail the offences against the State. (Nov-2011, Nov-2012)


State the offences against State. (Apr-2013)
Explain in detail the offences against the State. (Apr-2013)
Explain : Offences against the State. (Nov-2014, Apr-2016)
Explain in detail the offences against the state with case laws. (Dec-2015, Apr-2016)
ANSWER :
Refer :

GO TO MODULE-5 QUESTIONS.
GO TO CONTENTS.

Discuss : Wagging war against the Government of India etc.


ANSWER :
Refer :

GO TO MODULE-5 QUESTIONS.
GO TO CONTENTS.

Discuss : Sedition.
ANSWER :
Refer :

GO TO MODULE-5 QUESTIONS.

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GO TO CONTENTS.

State the offences relating to giving false evidence and fabricating false evidence.
(Nov-2011)
Explain in detail the offence relating to giving and fabricating false evidences. (Apr-
2013)
Explain : Offences relating to giving false evidence and fabricating false evidence.
(Nov-2014)
Explain in detail the offences relating to giving false evidence and fabricating false
evidence with case laws. (Dec-2015, Apr-2016)
ANSWER :
Refer :

GO TO MODULE-5 QUESTIONS.
GO TO CONTENTS.

Explain : Fraudulently (Nov-2014, Dec-2015)


ANSWER :
Refer :

GO TO MODULE-5 QUESTIONS.
GO TO CONTENTS.

Explain : Good Faith (Nov-2014, Dec-2015)


ANSWER :
Refer :

GO TO MODULE-5 QUESTIONS.
GO TO CONTENTS.

Explain : Document (Nov-2014, Dec-2015)


ANSWER :

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Refer :

GO TO MODULE-5 QUESTIONS.
GO TO CONTENTS.

Discuss in detail : Offences against the Election. (Nov-2012)


Explain : Offences relating to Election (Apr-2013, Nov-2014)
Explain in detail the provisions of offences relating to election in Indian Penal Code
with case laws. (Dec-2015)
ANSWER :
Refer :

GO TO MODULE-5 QUESTIONS.
GO TO CONTENTS.

Explain : Offences by or relating to Public Servant. (Nov-2014)


Discuss in detail : Public Servant and Government Servant and its
distinguishment. (Nov-2012)
Comment : Definition of public servant is not given in I.P.C. (Nov-2011)
ANSWER :
Refer :

GO TO MODULE-5 QUESTIONS.
GO TO CONTENTS.

*** End-of-Compilation ***


Source : Public domain print/ internet contents.
URLs of some such resources are listed herein above.
Credits/ copyrights duly acknowledged.

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Suggested Reading :
Kennys Outlines of Criminal Law Universal Law Publishing Co.
Russell on Crime Universal Law Publishing Co. (2 Volumes)
K. D. Gaur, Criminal Law Cases and Materials, Butterworths, India
Ratanlal & Dhirajlal's Indian Penal Code Butterworths Wadhwa, Nagpur K. D. Gaur, A
text Book on the Indian Penal Code, Universal Delhi.
P. S. Achuthan Pillai, Criminal Law Eastern Book Co.,
B. M. Gandhi, Indian Penal Code, Eastern Book Co,

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