Illustration Cases | Part 1 | Indian Penal Code

Here are some of the general problems asked for Indian Penal Code (IPC) in Law course.

1. Mangesh is a married man who is a citizen of India has sexual intercourse with Julie a married European women in France.

i) If Adultery is not an offence in France can Mangesh be found guilty in India ?

Ans. Yes, Mangesh shall be found guilty for the offence of adultery in India under the section 497 of Indian Penal Code. On conviction the punishment shall be imprisonment for 5 years or fine or both.

ii) Can Julie be held guilty of Adultery in India ?

Ans. No, Julie shall not be found guilty of Adultery in India. It is to be noted that it is only the man who is punishable under section 497 of IPC.

2. Tipu a 15 year old boy is unhappy in his parent’s home at Pune. He is promised by Irfan that if he comes with him to Mumbai he will be well taken care of. Tipu willingly goes with Irfan to Mumbai. There Irfan maims him and puts him to begging.

i) What offence is Irfan guilty of ?

Ans. Irfan is guilty of committing the offence of kidnapping or maiming a minor for the purpose of begging punishable under section 363A of the Indian Penal code.

The objective of the section 363A is to put an end to the evil of kidnapping of children for employing them for begging. The offence is punishable with imprisonment for life and shall also be liable to fine.

ii) If Tipu was an orphan would the answer have been any different ?

Ans. No, even if Tipu would have been a orphan the answer would have been same as above.

3. A enters the house of B through an open window at 8 pm. He leaves a threatening letter on the dining table in the name of B stating that if B does not give him 5 lakh rupees within a week his house will be burnt down.

i) What are the offences A is guilty of ?

Ans. The offence A is guilty of are :
i) House Tresspass under section 442, (Punishment: imprisonment for one year, fine Rs 1000 or both)
ii) Lurking house-tresspass under section 443 IPC, (Punishment: imprisonment for three years and fine)
iii) Threatening for extortion under section 383 IPC (Punishment: imprisonment for three years or fine or both)

ii) If A did the same act to leave behind a birthday card for B would he be guilty of any offence ?

Ans. In such a case, A will be liable for same above offences of House tresspass (section 442) and Lurking house-tresspass (section 443) but NOT the (iii) i.e. extortion (section 383).


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