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IPC > case laws sections > Flashcards

case laws sections Flashcards

1
Q

culpable homicide amounting to murder

A

300

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2
Q

culpable homicide not amounting to murder

A

299

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3
Q

exceptions for section 300

A

grave and sudden provocation
exceeding the right to private defence
public servant exceeding his powers
sudden fight
death by consent

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4
Q

difference between murder and culpable homicide discussed in

A

Reg v Govinda

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5
Q

culpable homicide is the genus and murder is the specie

A

rampal singh v state of UP

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6
Q

grave and sudden provocation case law

A

KM Nanavati v State of Maharashtra

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7
Q

culpable homicide punishment

A

under 304
with intention: life imprisonment, up to ten years plus fine
with knowledge: life imprisonment, up to ten years or fine or both

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8
Q

two types of kidnapping

A

sec 359

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9
Q

kidnapping from india

A

360

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10
Q

kidnapping from lawful guardianship

A

361

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11
Q

abduction

A

362

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12
Q

diff between abduction and kidnapping

A

abduction has an element of force and/or deceit

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13
Q

when is abduction an offence

A

when it is combined with intent (364-369)
to murder, for ransom, to confine a person, to compel a woman for marriage, subject to grievous hurt or slavery, abduct a child to steal from their person

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14
Q

extortion (sec + definition)

A

section 383
intentionally put any person in fear of injury to that person or to any other and thereby dishonestly induces the to deliver to any person any property, or valuable security

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15
Q

Valuable security defined under

A

sec 30
document related to a legal right

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16
Q

injury which sec

A

44
illegal harm to person in body mind reputation or property

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17
Q

extortion punishment

A

three years, fine or both

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18
Q

tukaram v state of maharashtra

A

custodial rape case
said girl didnt resist and is habituated to sex so its not rape
resulted in criminal law amendment act 1983
burden of proof of proving consent was there is on the accused
custodial rape bought under the purview of rape disclosing the identity of the victim is punishable (S. 228 A)

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19
Q

Nirbhaya case

A

resulted criminal law (Amendment) Ordinance, 2013
based on the recommendations of Justice Verma committee
increased punishments for rape, increased punishment for voyeurism, acid attacks etc
stricter provisions for registering complaints for rape
bill of rights for women which gives dignity and respect to women for their sexual choices

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20
Q

Kathua rape case

A

resulted in criminal law amendment 2018
harsher punishment for rape, min punishment increased from 7 to 10 years
gang rape below 16 life imprisonment
below 12- min 20 years up to death penalty
provisions for speedy trial and appeals
no provision for anticipatory bail
if diff punishments in ipc and pocso then higher punishment will be given

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21
Q

rape section

A

375

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22
Q

inclusion of all kinds of penetration

A

Sakshi v UOI

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23
Q

punishment for rape

A

376
10 years to life imprisonment
rape of minor- 20- life and fine paid to victim

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24
Q

common intention

A

sec 34

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25
Q

common object

A

sec 149

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26
Q

common intention case

A

barendra kumar ghosh v king emperor (post masters case)

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27
Q

Acts done in furtherance of common intention is also common intention

A

shankar lal v state of gujrat

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28
Q

on spot meeting of minds

A

krishna govind v state of maharashtra

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29
Q

similar intention not the same as common intention

A

pandurang v state of Hyderabad

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30
Q

if common intention is not there what applies

A

sec 38

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31
Q

unlawful assembly

A

sec 141

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32
Q

pre concert of minds is not required in unlawful assembly

A

moti das v state of bihar

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33
Q

mistake of fact (bound by law)

A

76

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34
Q

justified by law to do an act

A

79

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35
Q

accident plus case law

A

80
jogeshar v emperor (baby punching case)

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36
Q

necessity sec

A

81

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37
Q

doli incapax

A

82

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38
Q

doli capax

A

83

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39
Q

doli capax case law

A

ulla mahapatra v king

40
Q

act of a person of unsound mind

A

sec 84

41
Q

M’Naughten case

A

man was delusional, killed secretary of PM
medical evidence of legal insanity required
man will be assumed to be sane unless proven otherwise

42
Q

intoxication caused against his will

A

85

43
Q

offence requiring a particular intent or knowledge committed by one who is intoxicated

A

86

44
Q

act done on person without their consent but in good faith (eg doctors)

A

92

45
Q

volenti non fit injuria

A

87

46
Q

Private defence case law

A

Munney Khan v State
cant exercise private defence if there is sufficient time
should be reasonable apprehension of hurt
force used should not be more than reasonable required

47
Q

force used should not be more than reasonable required

A

Rafiq v state of Maharashtra

48
Q

nothing is an offence which is done in the right of a private defence

A

sec 96

49
Q

right to priv defence over body and property

A

97

50
Q

priv defence against person of unsound mind

A

98

51
Q

acts against which there is no right to private defence

A

99

52
Q

private defence of body amounting to death

A

100

53
Q

private defence of property amounting to death

A

103

54
Q

right to private defence against deadly assault when there is risk to an innocent

A

106

55
Q

Hurt defined and essentials

A

319
bodily pain, disease and infirmity

56
Q

punishment for hurt

A

323
324 by dangerous weapon

57
Q

grievous hurt defined

A

320

58
Q

punishment for grievous hurt

A

325
326 by dangerous weapon

59
Q

grievous hurt conditions

A

emasculation
loss of eyesight
loss of hearing
privation of any member of joint
destruction or permanent impairing of the power of any member or joint
permanent disfiguration of head or face
fracture of bone or tooth
endanger life or severe pain and not able to do daily functions for 20 days

60
Q

very thin line b/w grievous hurt which endangers life and culpable homicide

A

laxman v state of maharashtra

61
Q

which section defines person

A

section 11

62
Q

criminal conspiracy

A

sec 120

63
Q

IPC enacted

A

6th oct 1860

64
Q

IPC enforced

A

1st Jan 1862

65
Q

death only in the rarest of the rare cases

A

bachhan singh v state of punjab

66
Q

essentials of a crime

A

person
mens rea
actus reas
injury

67
Q

stages of a crime

A

intention (not punishable)
Prep (not punishable as a general rule)
Attempt (punishable)
Commission (Punishable)

68
Q

what prep stages are punishable

A

wage war, counterfeit coins and stamps, manipulating wealth, dacoity, possession of false documents

69
Q

inchoate offences

A

attempt, criminal conspiracy, abetment

70
Q

there is an element of encouragement or support when there are more people (case law)

A

Devendar Pal Singh v State NCT of Delhi

71
Q

Abetment

A

section 107

72
Q

very thin line between prep and attempt

A

abhaynand mishra v state of bihar

73
Q

tests of attempt

A

proximity test
Locus poenitentiae test
equivocality test
attempt to do an impossible act
social danger test

74
Q

proximity test case

A

state of maharashtra v mohd yakob (how close you are t committing the crime)

75
Q

locus poenitentiae test case

A

Mulkiat singh v state of punjab
(backing out at the last moment)

76
Q

Equivocality test

A

indicated unequivocally the criminal intention to accomplish the criminal object
abhaynand mishra v state of bihar

77
Q

attempt to do an impossible act

A

still punishable

78
Q

social danger

A

attempt that affects the society at large
eg- abortion w/o permission

79
Q

essential ingredients of extortion case law

A

Dhananjay v state of bihar

80
Q

offences against property which chapter

A

11

81
Q

theft defined under

A

378

82
Q

one need not take the property out of possession permanently, even if they intended to return it later it is theft (case law)

A

Pyare Lal Bhargava v State of Rajasthan

83
Q

essentials for theft case law

A

KN Mehra v State of Rajasthan

84
Q

essentials of theft

A

accused must have intention to take property away from the victim

property should be movable

property must be taken out of possession with dishonest intention

act of taking away must be done without consent of the person

property to actually be moved

85
Q

criminal misappropriation of property

A

sec 24
intentional conduct that causes unlawful gain or loss to another person

86
Q

define misappropriation

A

appropriation of property with dishonest intent for the purpose of capitalising it for one’s own benefit
this evolved from the concept of theft

87
Q

essentials of criminal misappropriation of property

A

intention to deceive
must use it for personal use
complainant owned the movable property

88
Q

punishment for criminal misappropriation of property

A

403

89
Q

Robbery

A

sec 390
two types
theft that turns into robbery and extortion that turns into robbery

90
Q

punishment for robbery

A

392

91
Q

dacoity

A

391
when 5 or more people commit or attempt to commit robbery

92
Q

in a dacoity the persons should be acting conjointly

A

Om Prakash v State

93
Q

abetment defined in which case

A

sanju v state of madhya pradesh
aid, assist, give aid, to order, obtain, or counsel, or encourage etc someone to commit a crime

94
Q

group liability

A

149

95
Q
A
96
Q
A

IPC (4 decks)

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