Delhi Judicial Services Exam Indian Penal Code & Criminal Procedure Syllabus

What are the ingredients of the offence of dowry death under Section 304B IPC and the related presumption?

Death of a woman by burns/bodily injury or otherwise than under normal circumstances within 7 years of marriage, where she was subjected to cruelty/harassment for dowry soon before death. Section 113B of the Evidence Act raises a presumption of dowry death against the husband/relatives. Punishment: minimum 7 years to life imprisonment.

What is 'cruelty' to a married woman under Section 498A IPC?

Cruelty by the husband or his relative meaning: (a) any wilful conduct likely to drive the woman to suicide or cause grave injury/danger to life, limb or health (mental or physical); or (b) harassment to coerce her or her relatives to meet an unlawful demand for property/valuable security (dowry). Punishment: up to 3 years + fine; cognizable, non-bailable.

State the seven descriptions of 'rape' under Section 375 IPC and the age of consent.

Rape is sexual acts (penetration as defined) committed against a woman: (1) against her will; (2) without her consent; (3) with consent obtained by putting her in fear of death/hurt; (4) consent given believing the man is her husband (he knowing he is not); (5) consent given while of unsound mind/intoxicated; (6) with or without consent if she is under 18 years; (7) when she is unable to communicate consent. Consent of a girl below 18 is no defence (statutory rape).

Distinguish kidnapping from lawful guardianship (S.361) and abduction (S.362) under the IPC.

Kidnapping from lawful guardianship (S.361): taking/enticing a minor (under 16 if male, under 18 if female) or person of unsound mind out of the keeping of the lawful guardian without consent. It is a substantive offence against the GUARDIAN's rights; consent of minor is irrelevant; force not necessary. Abduction (S.362): by force compelling, or by deceit inducing, ANY person to go from any place; it is not itself an offence but auxiliary — punishable only with a specified intent (e.g., S.364, 365, 366).

Distinguish 'criminal force' (S.350) from 'assault' (S.351) under the IPC.

Criminal force (S.350): intentionally using force on a person without consent to commit an offence, or to cause injury/fear/annoyance — requires actual application of force. Assault (S.351): making a gesture or preparation causing apprehension that criminal force is about to be used — no actual contact, only the threat/apprehension. Mere words do not amount to assault.

What are the five essentials of 'theft' under Section 378 IPC?

(1) Dishonest intention to take property; (2) the property must be movable; (3) it must be taken out of the possession of another person; (4) without that person's consent; and (5) there must be moving of the property in order to such taking. Punishment under S.379: up to 3 years or fine or both.

What are the ingredients of 'extortion' under Section 383 IPC, and how does it differ from theft?

Extortion: intentionally putting a person in fear of injury and thereby dishonestly inducing him to deliver property/valuable security. Unlike theft, in extortion (a) there is consent obtained by fear/wrongful means, (b) property may be movable OR immovable, and (c) delivery is by the victim, not taking by the offender.

Define 'robbery' (S.390) and 'dacoity' (S.391) and the key numerical threshold.

Robbery (S.390) is theft or extortion aggravated by causing or attempting to cause death, hurt, or wrongful restraint/fear thereof, then or there. Dacoity (S.391) is robbery committed conjointly by FIVE or more persons (or where five or more are present aiding). Dacoity's defining feature is the number five; punishment under S.395 is life or up to 10 years rigorous imprisonment + fine.

Compare theft, extortion, robbery and dacoity on the basis of consent and number of offenders.

Theft: no consent, any number. Extortion: consent obtained by fear, any number. Robbery: aggravated theft/extortion with violence/fear, any number. Dacoity: robbery by five or more persons. The progression is in increasing gravity; robbery is theft/extortion + violence, dacoity is robbery + (5+ persons).

What is 'criminal breach of trust' under Section 405 IPC?

A person entrusted with property (or with dominion over property) dishonestly misappropriates or converts it to his own use, or dishonestly uses/disposes of it in violation of any law or contract regarding its discharge of trust. Essence is entrustment + dishonest misappropriation. Punishment under S.406: up to 3 years or fine or both.

What are the ingredients of 'cheating' under Section 415 IPC?

Deceiving a person and thereby (a) fraudulently or dishonestly inducing him to deliver property or consent to retention of property; OR (b) intentionally inducing him to do or omit something he would not otherwise do, causing or likely to cause damage/harm to him in body, mind, reputation or property. Deception + dishonest inducement are essential.

Distinguish criminal breach of trust from cheating under the IPC.

In cheating (S.415) the dishonest intention exists at the OUTSET and induces the victim to part with property — there is deception from the start. In criminal breach of trust (S.405) the property is given voluntarily on trust (no initial deception) and the dishonest intention arises LATER, when the entrusted person misappropriates it.

Define 'mischief' under Section 425 IPC.

Causing wrongful loss or damage to the public or any person, with intent to cause (or knowing he is likely to cause) such loss/damage, by destroying property or any change in property that destroys/diminishes its value or utility. Both wrongful loss and the requisite intent/knowledge must be present.

What is the hierarchy of criminal courts under Section 6 CrPC?

Besides the High Courts and courts constituted under other laws, the classes of criminal courts are: (1) Courts of Session; (2) Judicial Magistrates of the First Class (and, in metropolitan areas, Metropolitan Magistrates); (3) Judicial Magistrates of the Second Class; and (4) Executive Magistrates.

What sentences can a Court of Session and a Magistrate of the First Class pass (Sections 28-29 CrPC)?

Court of Session: any sentence authorised by law, but a death sentence requires confirmation by the High Court. Assistant Sessions Judge: up to 10 years + fine. Chief Judicial Magistrate: up to 7 years + fine. Magistrate First Class: up to 3 years imprisonment and/or fine up to Rs 10,000. Magistrate Second Class: up to 1 year and/or fine up to Rs 5,000.

What is an FIR, under which provision is it recorded, and what are its key features?

First Information Report — information relating to the commission of a COGNIZABLE offence given to an officer in charge of a police station, recorded under Section 154 CrPC. It must be reduced to writing, read over, signed by the informant, and a copy given free of cost. It sets the criminal law in motion. Information about a non-cognizable offence is recorded under Section 155.

What is a 'zero FIR' and what did Lalita Kumari v. Govt. of U.P. hold about FIR registration?

A Zero FIR can be registered at ANY police station irrespective of jurisdiction (numbered '0') and later transferred to the competent station. In Lalita Kumari (2014), the Supreme Court held that registration of an FIR is MANDATORY under S.154 if the information discloses a cognizable offence; a preliminary inquiry is permissible only in limited categories (e.g., matrimonial, commercial, medical negligence, corruption, abnormal delay).

Distinguish a cognizable offence from a non-cognizable offence under the CrPC.

Cognizable (S.2(c)): police may arrest WITHOUT warrant and investigate without a Magistrate's order; generally serious offences. Non-cognizable (S.2(l)): police can neither arrest without warrant nor investigate without an order of a Magistrate (under S.155(2)); generally less serious offences.

When may a police officer arrest a person without a warrant, and what safeguards apply (Sections 41 and 41A CrPC)?

Section 41 allows arrest without warrant for cognizable offences subject to recorded reasons. For offences punishable up to 7 years, the officer must be satisfied arrest is necessary (to prevent further offence, proper investigation, prevent tampering/intimidation, ensure presence) and record reasons. Section 41A requires issuing a notice of appearance instead of arrest where arrest is not necessary. Arnesh Kumar v. State of Bihar laid down these guidelines.

What is the constitutional and statutory rule on production of an arrested person before a Magistrate?

An arrested person must be produced before the nearest Magistrate within 24 hours of arrest, excluding journey time (Section 57 CrPC and Article 22(2) of the Constitution). No person can be detained in police custody beyond 24 hours without a Magistrate's authorisation under Section 167 CrPC.

Distinguish bailable from non-bailable offences and the nature of bail in each (Sections 436 and 437 CrPC).

Bailable offence (S.436): bail is a matter of RIGHT; the accused must be released on bail/bond. Non-bailable offence (S.437): bail is a matter of the court's DISCRETION; it may be refused, and shall not ordinarily be granted where there are reasonable grounds the accused committed an offence punishable with death or life imprisonment (with exceptions for women, minors, sick/infirm).

What is anticipatory bail, under which section is it granted, and what factors guide it?

Anticipatory bail under Section 438 CrPC is a direction by the Sessions Court or High Court that, in the event of arrest for a non-bailable offence, the person shall be released on bail. Factors: nature/gravity of accusation, antecedents of applicant, possibility of fleeing, and whether the accusation is to injure/humiliate. Sibbia and Sushila Aggarwal cases held it need not be of limited duration.

What is the maximum period of detention during investigation under Section 167(2) CrPC and the right to 'default bail'?

A Magistrate may authorise detention up to a maximum of 90 days (for offences punishable with death/life/10+ years) or 60 days (other offences). If investigation is not completed and charge-sheet not filed within this period, the accused is entitled to be released on 'default'/'statutory' bail if he is prepared to and furnishes bail — an indefeasible right.

What are the four processes to compel the appearance of a person under the CrPC?

(1) Summons (Sections 61-69); (2) Warrant of arrest (Sections 70-81); (3) Proclamation and attachment for an absconder (Sections 82-86); and (4) Other rules regarding processes. A warrant may be issued where summons is disobeyed; a proclamation under S.82 (and attachment under S.83) is used when a person against whom a warrant is issued absconds.

What are the processes to compel the production of documents/things under the CrPC?

(1) Summons to produce a document or thing (Section 91); (2) Procedure for letters/telegrams (Sections 92-93); (3) Search warrant (Sections 93-98) — issued where production cannot be ensured, place is unknown, or a general search is needed; and search of place suspected to contain stolen property/forged documents (S.94), with searches conducted under Sections 100-101.

What is the scope and procedure of Section 144 CrPC?

Section 144 empowers a District/Sub-divisional/Executive Magistrate to issue, in urgent cases of nuisance or apprehended danger, a written order directing any person to abstain from an act or to take order with property, to prevent obstruction, annoyance, injury, danger to human life/health/safety, disturbance of public tranquillity, or riot/affray. The order generally remains in force for not more than 2 months (extendable by State up to 6 months).

What is 'cognizance of an offence' and how may a Magistrate take it under Section 190 CrPC?

Taking cognizance means the Magistrate's application of judicial mind to the alleged offence to proceed further. Under Section 190 a Magistrate may take cognizance: (a) on receiving a complaint; (b) on a police report of facts; or (c) upon information received from any person (other than a police officer) or upon his own knowledge that such offence has been committed.

What is the procedure and purpose of commitment of a case to the Court of Session (Section 209 CrPC)?

When an offence is triable EXCLUSIVELY by the Court of Session, the Magistrate taking cognizance commits the case to the Court of Session, remands the accused to custody, sends the records and documents, and notifies the Public Prosecutor. The Sessions Court then conducts the trial; the Magistrate has no power to try such cases.

What is a 'charge', and what are the rules on framing and altering a charge (Sections 211-217 CrPC)?

A charge is a precise formulation of the specific accusation against the accused so he can prepare his defence, stating the offence, relevant section, time, place, and particulars. Under Section 216 the court may alter or add to any charge at any time before judgment; if the alteration is likely to prejudice the accused, a new/re-trial may be required and witnesses may be recalled.

What are the main types of criminal trial under the CrPC?

(1) Trial before a Court of Session (Sections 225-237) — for offences exclusively triable by Sessions; (2) Trial of warrant cases by Magistrates (Sections 238-250) — offences punishable with death/life/over 2 years, instituted on police report or otherwise; (3) Trial of summons cases by Magistrates (Sections 251-259) — offences punishable up to 2 years; and (4) Summary trials (Sections 260-265) — speedy disposal of petty offences.

What is the difference between a 'warrant case' and a 'summons case' under the CrPC?

A warrant case (S.2(x)) relates to an offence punishable with death, life imprisonment, or imprisonment exceeding two years — formal charge framed, fuller procedure. A summons case (S.2(w)) relates to an offence NOT being a warrant case (punishable up to two years) — no formal charge, only the substance of accusation is stated to the accused; simpler, speedier procedure.

What must a judgment contain and what is the rule on pronouncement under the CrPC (Sections 353-354)?

A judgment must be in writing in the language of the court, contain the point(s) for determination, the decision and reasons, the offence and section, and the sentence; for conviction in capital cases requiring death or life, special reasons must be recorded. It is pronounced in open court immediately after the trial or at a notified subsequent time, in the presence of the accused.

What is the doctrine of 'rarest of rare' cases and where was it laid down?

Laid down in Bachan Singh v. State of Punjab (1980) and elaborated in Machhi Singh v. State of Punjab (1983): the death penalty is constitutional but should be imposed only in the 'rarest of rare' cases where the alternative of life imprisonment is unquestionably foreclosed, after balancing aggravating and mitigating circumstances. Life imprisonment is the rule, death the exception.

What is the benefit of release on probation under Sections 360 and 361 CrPC and the Probation of Offenders Act?

Section 360 CrPC allows the court, instead of sentencing, to release certain first/young/women offenders (and others convicted of offences up to 7 years) on probation of good conduct on a bond, or after due admonition. Section 361 requires the court to record special reasons if it does NOT grant probation/admonition. The Probation of Offenders Act, 1958 provides a wider, beneficial scheme aimed at reformation rather than incarceration.

Distinguish an appeal, a revision and a reference under the CrPC.

Appeal (Ss.372-394): a statutory continuation of the case allowing review of both facts and law against a conviction/acquittal/sentence; lies only where provided (no appeal from a plea of guilty conviction, save sentence/legality). Revision (Ss.397-401): discretionary supervisory power of Sessions Court/High Court to examine correctness, legality or propriety of any order/finding/sentence of an inferior court; limited, not a right. Reference (S.395): a subordinate court refers a question on the validity of an Act/Ordinance/Regulation to the High Court for decision.

Who can appeal against an acquittal, and what is the special provision for the State and victim?

The State Government may direct the Public Prosecutor to appeal against an acquittal to the High Court (Section 378 CrPC); in cases instituted on complaint, the complainant may appeal with special leave. The victim has a statutory right of appeal (proviso to S.372) against an order of acquittal, conviction for a lesser offence, or imposition of inadequate compensation.

What is the object, and who are the persons entitled to claim maintenance, under Section 125 CrPC?

Section 125 provides a speedy, summary remedy to prevent vagrancy and destitution by ordering a person with sufficient means who neglects/refuses to maintain his (1) wife unable to maintain herself, (2) legitimate or illegitimate minor child (and a major child unable to maintain itself due to physical/mental abnormality), and (3) father or mother unable to maintain themselves, to pay a monthly allowance.

When is a wife disentitled to maintenance under Section 125 CrPC?

Under Section 125(4), a wife is not entitled to maintenance if she is living in adultery, or if without sufficient reason she refuses to live with her husband, or if they are living separately by mutual consent. The maintenance order may also be cancelled on these grounds (S.125(5)).

Can a divorced woman and a woman in a void marriage claim maintenance under Section 125 CrPC?

Yes for a divorced woman — 'wife' under the Explanation to S.125 includes a woman who has been divorced and has not remarried. A woman in a void/voidable marriage generally cannot claim under S.125 as she is not a legally wedded wife (per Yamunabai Anantrao Adhav), though courts have given relief in cases where the woman was unaware of the prior subsisting marriage and other beneficial interpretations.