Law of Crimes: Mumbai University (Question Paper April 2017)

Q.1 Answer in not more than two sentences (All are compulsory)                                                           [20 marks]

a) What is imprisonment in lieu of fine?
b) What are the two theories of negligence?
c) What is abetment?
d) Consent as per Section 90.
e) What is Bribery as per section 171B?
f) Define Force.
g) Give any two examples of mischief.
h) What is dishonest Misappropriation of property?
i) What is De mininis not curat lex?
j) Define stolen property.

Q.2 Write Short notes on (Any Four)              [20 marks]

a) Deterrent theory of Punishment.
b) Arguments in favour of death penalty.
c) Kidnapping.
d) Five Exceptions to Section 300.
e) Dacoity.
f) Attempt.

Q.3 Solve any two (with reasons)                    [12 marks]

a) Kunal standing at a bus stop passes a vulgar comment at Asha. While boarding the bus he rubs up against her. On seeing this, Reena, who is also in the bus takes out her hairpin and pokes Kunal in the face with it. In the bus, Kunal spits on the floor.
i.Name any three offences committed by Kunal.
ii.Is Reena guilty of voluntarily causing hurt to Kunal?

b) Meena a girl from a rural village has gone to the police station to file a complaint. A constable takes her to a shed behind the police station and has sexual intercourse with her. There is no resistance from Meena.
i. Can the constable be charged with rape?
ii. Is this problem based on any case? If so what was the rule laid down in that case?

c) Bob gives his servant Tom Rs.500 to fetch vegetables. Tom’s friend Sam tells him that he can buy the same vegetables from the wholesale shop for Rs.400 and pocket the remaining Rs. 100. Tom buys the vegetables from the wholesale shop for Rs.400 and pocket the remaining Rs.100. tom buys the vegetables from the wholesale shop for Rs.400 and buys a chocolate for himself with the remaining money. He submits a bill of Rs. 500 for the vegetables.
i. What offence has tom committed?
ii. Has Sam committed any offence?

Q.4 Answer in Detail (Any Four)                        [48 marks]

a) How is ‘mens rea’ determined in criminal jurisprudence? Are there any exceptions to the doctrine of ‘mens rea’?
b) Not all situations in which the accused has committed the offence of ‘voluntarily causing hurt’ will attract same punishment. Comment.
c) Write a detailed note on the right of Private Defence enumerated in the IPC.
d) Explain briefly any five offences against women in the IPC.
e) Explain with the help of examples the offences of Public Nuisance, Mischief, Rioting and Trespass.
f) Why is the chapter on General Explanation included in the IPC? Explain any five terms defined in the chapter on General Explanations with examples.

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