Delhi Judicial Services Exam Indian Penal Code & Criminal Procedure Syllabus

Indian Penal Code & Criminal Procedure syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Indian Penal Code & Criminal Procedure in Delhi Judicial Services Exam, not a summary of it.

1. 1

   General Principles of Criminal Liability (IPC / BNS)

   4 topics

   • Elements of crime
     • Actus reus and mens rea
     • Strict liability exceptions
   • General exceptions (Chapter IV IPC)
     • Mistake, accident and judicial acts
     • Infancy, insanity and intoxication
     • Consent and necessity
     • Private defence
   • Joint and constructive liability
     • Common intention (Section 34)
     • Common object and unlawful assembly (Section 149)
   • Abetment, criminal conspiracy and attempt
     • Stages of crime
     • Abetment vs conspiracy
2. 2

   Offences Against Person & Property

   6 topics

   • Culpable homicide and murder
     • Distinction and Section 300 exceptions
     • Grave and sudden provocation
   • Hurt, grievous hurt and wrongful restraint
   • Offences against women
     • Rape and Section 376 amendments
     • Cruelty (Section 498A) and dowry death
   • Kidnapping, abduction and criminal force
   • Theft, extortion, robbery and dacoity
     • Distinctions and aggravated forms
   • Criminal breach of trust, cheating and mischief
3. 3

   Criminal Procedure: Pre-Trial

   5 topics

   • Constitution and powers of criminal courts
     • Hierarchy and sentencing powers
   • FIR, information and investigation
     • Cognizable vs non-cognizable offences
     • Powers of police and Section 161 statements
   • Arrest, bail and bonds
     • Bailable and non-bailable offences
     • Anticipatory bail
     • Default bail
   • Processes to compel appearance and production
   • Maintenance of public order and Section 144
4. 4

   Criminal Procedure: Trial, Appeals & Special Provisions

   6 topics

   • Cognizance and commitment
     • Complaint cases and Section 200
     • Cognizance by Magistrate
   • Charge: framing and alteration
   • Types of trial
     • Sessions trial
     • Warrant and summons cases
     • Summary trial
   • Judgment, sentencing and probation
   • Appeals, revision and reference
   • Maintenance of wives, children and parents (Section 125)

Indian Penal Code & Criminal Procedure flashcards for Delhi Judicial Services Exam

19 of 59 cards from the Indian Penal Code & Criminal Procedure deck — real questions with worked answers.

1. What are the four essential elements of a crime?

   (1) A human being (person) under a legal duty, (2) Mens rea (guilty mind/intent), (3) Actus reus (a prohibited act or omission), and (4) Injury to a person/society. The maxim is 'actus non facit reum nisi mens sit rea' — the act is not guilty unless the mind is guilty.

2. What is the difference between 'mens rea' and 'actus reus'?

   Mens rea is the guilty mental state (intention, knowledge, recklessness, negligence). Actus reus is the external/physical element — the wrongful act, omission, or state of affairs prohibited by law. Both must generally coincide for criminal liability.

3. Under the IPC, how are mistake of fact and mistake of law treated as defences (Sections 76 and 79)?

   Mistake of FACT in good faith is a valid defence ('ignorantia facti excusat') under Sections 76 (bound by law) and 79 (justified by law). Mistake of LAW is NOT a defence ('ignorantia juris non excusat').

4. Which chapter of the IPC contains the 'General Exceptions', and what is their effect?

   Chapter IV (Sections 76 to 106). They are general defences that, if proved, negate criminal liability for any offence. The burden of proving an exception lies on the accused under Section 105 of the Evidence Act.

5. What is the distinction between Section 80 (accident) and Section 81 (necessity) of the IPC?

   Section 80 excuses an act done by accident/misfortune without criminal intention while doing a lawful act in a lawful manner. Section 81 (necessity) excuses an act done to avoid greater harm, without criminal intent, in good faith — the harm prevented must outweigh the harm caused.

6. What protection does Section 84 IPC give to a person of unsound mind, and what test applies?

   Section 84 exempts a person who, at the time of the act, by reason of unsoundness of mind was incapable of knowing the nature of the act, or that it was wrong or contrary to law. It codifies the McNaughten Rules — only LEGAL insanity (not mere medical insanity) is a defence.

7. How does the IPC treat the criminal liability of children (Sections 82 and 83)?

   Section 82: a child below 7 years is doli incapax — nothing is an offence (absolute immunity). Section 83: a child above 7 and below 12 is exempt only if he has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct.

8. State the essentials of the right of private defence of the body extending to causing death (Section 100 IPC).

   Death may be caused in private defence of body if the assault reasonably causes apprehension of: death; grievous hurt; rape; gratifying unnatural lust; kidnapping/abduction; or wrongful confinement where the person cannot have recourse to public authorities. Acid attack apprehension is also included.

9. What is the rule of joint/constructive liability under Section 34 IPC?

   When a criminal act is done by several persons in furtherance of a COMMON INTENTION, each is liable as if he did it alone. Section 34 requires (a) a criminal act by several persons, (b) a pre-arranged common intention, and (c) participation. It is a rule of evidence, not a substantive offence.

10. How does Section 149 IPC (common object) differ from Section 34 IPC (common intention)?

    S.34 needs common INTENTION + active participation by each, no minimum number. S.149 needs an unlawful assembly of FIVE or more persons sharing a common OBJECT; mere membership suffices for liability even without participation, if the offence was committed in prosecution of the common object or was likely to be committed.

11. What constitutes an 'unlawful assembly' under Section 141 IPC?

    An assembly of five or more persons with a common object to: (1) overawe Government/legislature/public servant by criminal force; (2) resist execution of law/legal process; (3) commit mischief, criminal trespass or other offence; (4) take property/deprive an enjoyment of right by force; or (5) compel a person by force to do what he is not legally bound to do.

12. Define 'abetment' under Section 107 IPC and its three modes.

    Abetment is instigating a person to do a thing; OR engaging in a conspiracy for doing it (with an act/illegal omission in pursuance); OR intentionally aiding by any act or illegal omission the doing of that thing.

13. What is the definition of criminal conspiracy under Section 120A IPC, and when is an overt act required?

    An agreement between two or more persons to do, or cause to be done, an illegal act, or a legal act by illegal means. For conspiracy to commit an offence, the mere agreement suffices; for other acts, an overt act (besides the agreement) in pursuance is required.

14. What are the essential ingredients of 'attempt' to commit an offence, and what test distinguishes preparation from attempt?

    Attempt requires (1) intention to commit the offence, (2) an act towards its commission going beyond mere preparation, and (3) the act falling short of completion. The 'proximity test' / 'last-step (Stephen) test' / 'doctrine of locus poenitentiae' distinguish preparation (still revocable) from attempt (irrevocable step taken).

15. What four conditions convert culpable homicide into murder under Section 300 IPC?

    Culpable homicide is murder if the act causing death is done with: (1) intention to cause death; (2) intention to cause such bodily injury as the offender knows is likely to cause death of that person; (3) intention to cause bodily injury sufficient in the ordinary course of nature to cause death; or (4) knowledge that the act is so imminently dangerous it must in all probability cause death, done without excuse.

16. What are the five exceptions in Section 300 IPC that reduce murder to culpable homicide not amounting to murder?

    (1) Grave and sudden provocation; (2) exceeding the right of private defence in good faith; (3) act of a public servant exceeding lawful powers in good faith; (4) sudden fight in the heat of passion without premeditation, without undue advantage/cruelty; (5) consent of the deceased who is above 18 years.

17. Distinguish culpable homicide (S.299) from murder (S.300) in terms of degree of intention/knowledge.

    Culpable homicide (S.299) involves intention to cause death OR injury LIKELY to cause death, or knowledge it is likely to cause death. Murder (S.300) involves a HIGHER degree — injury SUFFICIENT in the ordinary course of nature to cause death, or such imminent danger that death MUST in all probability result. Murder is the genus's aggravated species: every murder is culpable homicide, but not vice versa.

18. What is the punishment for murder and for culpable homicide not amounting to murder under the IPC?

    Murder (Section 302): death or imprisonment for life, plus fine. Culpable homicide not amounting to murder (Section 304): if done with intention — life or up to 10 years + fine (Part I); if done only with knowledge (not intention) — up to 10 years or fine or both (Part II).

19. Distinguish 'hurt' (S.319) from 'grievous hurt' (S.320) under the IPC.

    Hurt (S.319) is causing bodily pain, disease or infirmity. Grievous hurt (S.320) is one of eight specified serious kinds: emasculation; permanent loss of sight of either eye; loss of hearing of either ear; loss/privation of any member or joint; destruction/impairing of powers of a member or joint; permanent disfiguration of head/face; fracture or dislocation of bone/tooth; or any hurt endangering life or causing 20 days' severe pain/inability to follow ordinary pursuits.

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