Legal Bites brings to you IPC Mains Questions Series. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list question curated by Legal Bites will help candidates identify the important and frequently asked questions and give them a good practise for their aptitude and knowledge.
IPC Mains Questions Series: Part – II of X contains questions from Chapter IV i.e. General Exceptions.
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.
Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.
IPC Mains Questions Series | Part – II of X
“A mistake of fact is a good defence but a mistake of law is not.” Discuss. [M.P.C.J. 2010, U.P.C.J. 1991, 2018]
Explain the maxim, “ignorantia facit excusat, ignorantia juris non-excusat.” Distinguish between mistake of fact and mistake of law.
Is ‘Respondent Superior—the order of the superior a valid defence?
A Soldier A fires on a mob by the order of his superior officer in conformity with the commands of the law. Has A committed any offence? Give relevant provision of law. [U.P. APO 1997, WBCJ.1998]
A, an officer of a court of Justice, being ordered by that court to arrest A and, after due inquiry, believing Z to be Y; arrests Z. Has A committed any offence? ‘Give reasons and also refer to the relevant provision in this regard. [W.B.C.J. 1993]
By the order of a superior officer, ‘A’ a policeman fires and kills two persons who are members of the lawful procession. Is `A’ entitled to protection under Section 76 of the Indian Penal Code? [Bihar A.P.O. 1997]
X sees Z commit what appears to X to be murder. X in the exercise to the best of his judgement, exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z in order to bring Z before the proper authorities. But it turns out that Z was acting in the exercise of his right of self-defence. Is X guilty of any offence? Give reasons.
Discuss, with illustrations, accident as a defence in a criminal trial.
A, a workman throws snow from a roof giving warning. A passer-by is killed. Has A committed any offence?
Raju is cutting wood with an axe at a place where children are playing. The axe flies off and kills a nearby child. Is Raju entitled to protection under Section 80 of I.P.C.?
The accused was beating a person with fists. The wife of the man being beaten intervened with her baby in arms with a view to rescuing her husband. The accused gave a fist blow to her also, which struck the baby, as a result of which it died. On being prosecuted, the accused pleads accident. Decide. [Jharkhand .C.J. 2002]
A is at work with a hatchet; the head flies off and kills a man who is standing by. What offence has been committed by A? [R.J.S. Exam, 1986, WBCJ 2004]
When does an act which is an offence cause to be so if done to prevent or avoid other harm to person or property? [U.P.C.J. 2003]
A in great fire pulls down houses in order to prevent the conflagration from spreading. A did it in good faith, saving the life and property and to avoid greater harm. What offence, if any, is made out in this case? Give legal provision. [U.P.A.PO. 1996]
“Nothing is an offence which is done by a child below seven years of age.” Discuss. Will it make any difference if the age of the child is twelve years?
A, a child aged about 5 years throws a stone on B. Stone hits the head of B and B as a result receives grievous injuries on the head. Has A committed any offence? Give reasons in support of your answer. [RJS 1986]
A boy over 11 years and below 12 years of age picked up a knife and proceeding towards the deceased with a threatening gesture saying that he would cut him into pieces actually stabs him to death. Is he guilty of murder? Give reasons. [D.J.S. 1996]
Discuss the insanity as a defence to a crime. [U.P.C.J. 1982, 1992, 1997, 2012]
To what extent is unsoundness of mind accepted as a defence to criminal liability under I.P.C.?
What type of persons can claim the benefit of an exception embodied in Sec. 84 of the Indian Penal Code? [R.J.S. 1974, UPCJ 1992, 2000]
State the facts, judgment and principles laid down in Reg v. Mc Naughten, (1843) 10 CI & F 200.
A under the influence of unsoundness of mind attempts to kill B. What offence has been committed by A, if any? [RJS 1984]
How far intoxication is taken as a ground of defence in a criminal prosecution? [U.P.C.J. 1982, 1991, 1997]
Discuss the liability of an intoxicated person under the Indian Penal Code. [UPCJ 2003, UPHJS 1982]
Define good faith and consent. How far good faith and consent are said to be done or believed in good faith which is done or believed without “due care and attention.” [UPCJ 1999]
A and B agree to fence with each other for amusement. This agreement implies to suffer any harm which in course of such fencing may be caused without foul play. While playing fairly A hurts B. What offence, if any, has been committed by A. Give legal provision in support of your answer. [UPCJ 1991, 1999 U.P., A.P.O. Exam. 1996]
A, a Surgeon, knowing that a particular operation is likely to cause death of Z, who suffers under a painful complaint, but not intending to cause Z’s death, and intending, in good faith Z’s benefit, performs that operation on Z, with Z’s consent. Has A committed any offence? Give reasons.
A, a school teacher slaps one of his students aged about 8 years rupturing his ear drum. Has A committed any offence? [Bihar A.P.O. 1981]
A, in good faith, for his child’s benefit without his child’s consent, got him operated for stone removal by a surgeon knowing it to be likely that the operation may cause the child’s death but not intending to cause his child’s death. Has A committed any offence? Refer legal provisions. [U.P., A.P.O. Exam. 1997.]
A, a parent, whips his child aged 10 years moderately, for the child’s benefit. Has A committed any offence?
A, a school-master inflicts moderate punishment to a child under 12 years of age for the purpose of discipline. Has A committed any offence?
A, finding B being attacked by C with a knife, shoots at C thereby intending to save B, the shot misses C and kills B. Has A committed any offence? [UPCJ 1984]
B while bleeding profusely goes to A, a surgeon and there loses consciousness. Thereupon A immediately performs an operation upon him thinking that it will bring him back to consciousness. But B dies immediately after the operation. Has A committed any offence? Give reasons in support of your answer. [U.P.J. 1991]
A, a doctor after a full examination of a patient named B, in good faith communicates to B that he has cancer and that he cannot live long. B dies the next day in consequence of the shock caused by A’s communication. Decide the liability of A. [RJS. 1986]
How far the plea of compulsion as a defence is available to the charge of committing an offence under I.P.C?
In what cases and to what extent will a plea of compulsion or necessity be a sufficient defence against a charge of a criminal offence? Does it give absolute protection?