Civil Judge Examination Criminal Law Syllabus

What is the punishment for abetment if the act abetted is committed and no express provision exists (Section 109 PPC)?

The abettor is punished with the punishment provided for the offence itself, as if he had committed the offence.

How is 'criminal conspiracy' defined under Section 120-A PPC?

When two or more persons agree to do, or cause to be done, an illegal act, or a legal act by illegal means, such an agreement is a criminal conspiracy; for an agreement to do a legal act by illegal means, no overt act besides the agreement is needed except where the object is an offence.

What is the difference between common intention (Section 34) and common object (Section 149 PPC)?

Section 34 requires a prior meeting of minds (shared intention) and participation in the criminal act; it creates joint liability. Section 149 makes every member of an unlawful assembly liable for offences committed in prosecution of the common object, even without proof of individual intention or act.

What does Section 34 PPC provide regarding acts done by several persons?

When a criminal act is done by several persons in furtherance of the common intention of all, each is liable for that act in the same manner as if it were done by him alone.

What is an 'unlawful assembly' under Section 141 PPC?

An assembly of five or more persons whose common object is one of the five specified unlawful objects (e.g., to overawe government by criminal force, resist execution of law, commit mischief/criminal trespass, deprive a person of property/right, or compel a person by force to do what he is not legally bound to do).

How is 'qatl-i-amd' defined under Section 300 PPC?

Whoever, with the intention of causing death or causing bodily injury likely to cause death, or with knowledge that his act is so imminently dangerous it must in all probability cause death, causes the death of another, commits qatl-i-amd (intentional murder).

What is the difference between Qisas and Diyat?

Qisas is punishment by causing similar hurt at the same part of the body or by causing death of the offender (equal retaliation). Diyat is the compensation specified in Section 323, payable to the heirs of the victim in lieu of or alongside other punishment.

What is 'qatl-i-amd' liable to under Section 302 PPC?

(a) Death or life imprisonment as qisas; (b) where qisas is not applicable, death or life imprisonment or up to 25 years imprisonment as ta'zir on facts/evidence; (c) death/imprisonment as ta'zir if proved by evidence not admissible for qisas (under Islamic injunctions).

How is 'qatl-i-khata' defined under Section 318 PPC?

Whoever, without any intention to cause death or bodily harm, causes death of a person either by mistake of act or by mistake of fact, commits qatl-i-khata (death by mistake).

What is 'qatl-bis-sabab' under Section 321 PPC?

Whoever, without intention to cause death, does an unlawful act which becomes a cause for the death of another, commits qatl-bis-sabab (death by an intervening unlawful cause).

Define the four kinds of hurt classified under the PPC (Qisas/Diyat scheme).

Itlaf-i-udw (dismemberment/destruction of an organ); Itlaf-i-salahiyyat-i-udw (destroying the functional power/value of an organ); Shajjah (hurt to the head or face); and Jurh (hurt other than shajjah, dividing into Jaifah and Ghayr-Jaifah). Other categories include Damiyah, Badiah, Mutalahimah, etc.

What is 'Arsh' under the PPC?

Arsh is the compensation specified to be paid to the victim or his heirs for causing hurt to the body, as fixed by the PPC for the relevant kind of hurt (e.g., for itlaf-i-udw).

What is the difference between 'kidnapping from Pakistan' and 'kidnapping from lawful guardianship' (Sections 360–361 PPC)?

Kidnapping from Pakistan (S.360) is conveying a person beyond Pakistan's limits without consent. Kidnapping from lawful guardianship (S.361) is taking or enticing a minor (under 16 if male, under 18 if female) or a person of unsound mind out of the keeping of the lawful guardian without consent.

How is 'abduction' defined under Section 362 PPC, and how does it differ from kidnapping?

Abduction is by force compelling, or by any deceitful means inducing, a person to go from any place. Unlike kidnapping, abduction is not substantive by itself (it requires an accompanying purpose to be an offence), has no age limit, and can be a continuing offence; kidnapping is committed once and is complete on the taking.

How is 'wrongful restraint' (Section 339) distinguished from 'wrongful confinement' (Section 340 PPC)?

Wrongful restraint obstructs a person so as to prevent him from proceeding in a direction he has a right to proceed. Wrongful confinement is wrongful restraint that keeps a person within certain circumscribing limits, preventing him from proceeding in all directions (total restraint).

How is rape ('zina-bil-jabr') / rape under Section 375 PPC defined?

A man commits rape who has sexual intercourse with a woman against her will, without her consent, with consent obtained by fear of death/hurt or by deception, or with or without consent when she is under sixteen years of age. Penetration is sufficient to constitute the intercourse.

What is the punishment for rape under Section 376 PPC?

Death or imprisonment of not less than 10 years and up to 25 years, and fine. Where committed by two or more persons (gang rape), each is punishable with death or imprisonment for life.

How is 'unnatural offence' defined under Section 377 PPC?

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal commits an unnatural offence, punishable with imprisonment for life or imprisonment from 2 to 10 years and fine; penetration is sufficient to constitute the carnal intercourse.

How is 'theft' defined under Section 378 PPC?

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, commits theft.

How is 'extortion' defined under Section 383 PPC?

Whoever intentionally puts any person in fear of any injury and thereby dishonestly induces the person so put in fear to deliver to any person any property, valuable security, or anything signed/sealed which may be converted into a valuable security, commits extortion.

When does theft become 'robbery' under Section 390 PPC?

Theft is robbery if, in order to commit theft or in carrying it away or attempting, the offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint, or fear of instant death/hurt/restraint. Extortion is robbery if the offender, by putting in fear of instant death/hurt/restraint, commits the extortion in the offender's presence.

What is the distinguishing feature of 'dacoity' under Section 391 PPC?

When five or more persons conjointly commit or attempt to commit robbery (counting all present and aiding), the offence is dacoity. The number five is the essential distinguishing element from robbery.

How does extortion differ from theft?

In theft, property is taken without consent and must be movable. In extortion, the victim is induced by fear of injury to deliver the property (consent is obtained, but illegitimately by fear), and the property may be movable, immovable, or a valuable security.

How is 'criminal misappropriation' defined under Section 403 PPC?

Whoever dishonestly misappropriates or converts to his own use any movable property commits criminal misappropriation; the property comes innocently or by casual means into his possession, and the dishonest intention arises afterward.

How is 'criminal breach of trust' defined under Section 405 PPC?

Whoever, being in any manner entrusted with property or dominion over property, dishonestly misappropriates or converts it to his own use, or dishonestly uses or disposes of it in violation of any law or contract regarding the trust, commits criminal breach of trust.

What is the key difference between criminal misappropriation and criminal breach of trust?

In criminal misappropriation there is no entrustment — property innocently comes into possession and is later misappropriated. In criminal breach of trust there is entrustment of property or dominion over it, which is then dishonestly misappropriated or used in violation of trust.

How is 'cheating' defined under Section 415 PPC?

Whoever, by deceiving any person, fraudulently or dishonestly induces the person to deliver property or consent to its retention, or intentionally induces him to do or omit something he would not otherwise do/omit, causing or likely to cause damage or harm to him in body, mind, reputation or property, commits cheating.

How is 'forgery' defined under Section 463 PPC, and what is a 'false document'?

Forgery is making a false document or part of a document with intent to cause damage or injury, to support a claim, or to commit fraud. A false document (S.464) is one dishonestly/fraudulently made, signed, sealed, executed or altered, or made to appear made by a person who did not make it, or antedated/post-dated, etc.

How is 'criminal trespass' (Section 441) distinguished from 'house-trespass' (Section 442 PPC)?

Criminal trespass is entering or remaining on property in another's possession with intent to commit an offence or to intimidate, insult or annoy the possessor. House-trespass is criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling, place of worship, or for custody of property.

What is the difference between 'house-breaking' (Section 445) and 'house-breaking by night' (Section 446 PPC)?

House-breaking is house-trespass effected by any of the six prescribed modes of entry/exit (e.g., through a passage made by the offender, a passage not intended for human entry, by opening a fastening, etc.). House-breaking by night is house-breaking committed after sunset and before sunrise, which is more severely punishable.