Indian Penal Code Part-2

Ans. Article 20 (2) of the Constitution recognizes the principle as a fundamental right. That no person shall be prosecuted and punished for the same offence more than once. While article 20 (2) does not in terms maintain a previous acquittal.

Under section 300 acquittal has been explained in negative terms by saying that the dismissal of a complaint or the discharge of the accused is not an acquittal.

Sec 300 bars the trial for the same offence a not for the different offences which may result from the commission or omission of the same set of acts.

Q. What do you mean by the term wantonly?

Ans. Wantonly provided in section 153 IPC it means doing a thing recklessly or thoughtlessly without regard to its consequences.

Q. What is white collar crimes?

Ans. This is a socio-economic crime in which upper and middle-class people are involved and is committed by them in the course of their occupation. This is named Sutherlands.

Q. What is a statutory offence?

Ans. Public welfare offences are statutory offence of minor character involving minor punishment. Example offence connected with board or drugs.

Q. What is the preamble of IPC?

Ans. The preamble states the object of any statute. The object of this act is to provide a General Penal Code for India.

Q. Why the preamble states General Penal Code for India why not Indian Penal Code for India?

Ans. Indian Penal Code is not a complete code of offences. In addition to this code, many more Penal statutes concerning offences have been created. This is the reason the Preamble states the General Penal Code of India.

Q. When a body of Judges is not called a court of justice and when the body of judges called the court of justice?

Ans. If a body of judges acts judicially then this is called the court of justice.

when such judges transact only administrative business they are not a court of justice.

Q.Do you agree, the death of the husband is a type of injury to his widow?

Ans. Yes, the loss of a husband affects a woman not only physically but mentally also.

Q.What is Solitary Confinement?

Ans. Keeping the prisoner isolated from any kind of intercourse with the outside world.

Q. What is excusable defence and justifiable defence?

Ans. Excusable defence is those where the act committed is excused for want ofmensrea. In the case of justifiable defences the act committed is not excused but is justified on account of same consideration.

Q. Which section of IPC is concerned with excusable or justifiable defences?

Ans. Excusable – Section 76 to 95 Justifiable – section 96 to 106

Q.Under which section of the IPC mistake of law can be pleaded as a defence?

Ans. Section 78 of IPC.

Q.Which section of the IPC permits to do evil so that good may result?

Ans. Section 81 IPC.

Q.What is doli incapax?

Ans. A child below the age of 7 years is considered to be doli incapax.

Q.What is the maximum period of solitary confinement?

Ans. 14 days

Q.What is the difference between 34 and 114 IPC?

Ans. Under section 34 Actual participation is necessary though under section 114 deemed perception is required.

Q. What is the difference between 120A and 107?

Ans. Under Section 107 the act or illegal omission must take place in pursuance of the conspiracy whereas under Section120A not IPC a mere arrangement is enough if the agreement is to commit an offence.

Q. What is necessary to prove sedition?

Ans. Any intentional act which brings or attempts to bring into hatred or attempting to excite disaffection against the Government of India through words either spoken or written or by signs or visible representation.

Q. Under which section of general Exception there is no absence of Mens Rea?

Ans. S.95 of IPC.

Q.The concept of constructive liability is given under which provisions of IPC?

Ans. S.34, S.149 of IPC.

Q.What is the period of life imprisonment?

Ans. The rest of life is under section 57 of IPC. Calculating the term of fraction, it is 20 years.

Q.How many sections are there in IPC?

Ans. 511 sections in IPC.

Q.What is the difference between outraging modesty and insulating modesty?

Ans. Outraging Modesty S.354 and insulating modesty S.509 of IPC.

Q.What is Federer’s test?

Ans. S.84 of IPC

Q.Do you know about the Mignonette case?

Ans. S. 81 Dudley Stephens Case.

Q.What is the difference between Adultery and Rape?

Ans. Adultery is an offence against the husband. Rape is an offence against the woman herself.

83.How many sections are involved in the offence of criminal trespass?

Ans. 22 sections (441 to 462 IPC).

Q.What do you mean by criminal trespass?

Ans. Criminal trespass is an entry or lawful stay to commit an offence or to intimidate, insult or annoy the person in possession of the property.

Q. How many kinds of trespass?

Ans. 1. Criminal Trespass.

2. House-Trespass.

3. Lurking (hiding) House-Trespass.

4. House-Breaking.

5. House-Breaking by Night.

Q. What is Marital rape?

Ans. Marital rape is not considered rape under the Indian Penal Code. Section 375 of the Indian Penal Code defines rape as sexual intercourse without consent and against the will of a woman. The Criminal Law Amendment Act 2013 enlarged the definition of rape. An exception to the Section 375 says sexual intercourse by a man with his wife, who is 15 or above, is not rape even if it is without her consent. Women’s rights activists, women’s organizations, and the National Commission for Women have been demanding that marital rape be made a criminal offence as it is against the dignity of women who are forced to suffer the worst form of sexual violence silently within the four walls of their homes. As per United Nations Population Report, more than 75% of the married women in India were victims of marital rape and there were no laws in India to deal with the problem.

Q. Which is section 511 IPC?

Ans Section 511 IPC, provides for punishment for attempting to commit offences punishable with imprisonment for life or another imprisonment.

Q. What is hurt?

Ans. It is defined in Section 319 IPC. It says that whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Q. What is Rioting?

Ans. It is defined in section 146 of IPC. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in the prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Q. What is section 494 IPC?

Ans. It says that whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of it taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Q. What is section 497 IPC?

Ans. It defines adultery. Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall be punishable as an abettor.

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