UP PCS-J Law of Crimes (Penal Law) Flashcards

24 sample cards from the Law of Crimes (Penal Law) deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Define 'wrongful restraint' and 'wrongful confinement' and state the distinction (IPC ss.339–340).

   Wrongful restraint (s.339): voluntarily obstructing a person so as to prevent him from proceeding in a direction he has a right to proceed. Wrongful confinement (s.340): wrongful restraint that keeps a person within certain circumscribing limits (all directions blocked). Confinement is a more serious, aggravated form of restraint — restraint is partial, confinement is total.

2. Distinguish 'force' from 'criminal force' and from 'assault' (IPC ss.349–351).

   Force (s.349) is causing motion/change of motion/cessation of motion to another or substance affecting his senses. Criminal force (s.350) is force used intentionally without consent to commit an offence or to cause injury/fear/annoyance. Assault (s.351) is a gesture or preparation causing apprehension that criminal force is about to be used — assault precedes/threatens, criminal force is the actual application.

3. Distinguish the two kinds of kidnapping: from India and from lawful guardianship (IPC ss.359–361).

   Kidnapping from India (s.360): conveying a person beyond the limits of India without consent. Kidnapping from lawful guardianship (s.361): taking or enticing away 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 the guardian's consent.

4. State the key differences between Kidnapping and Abduction (IPC ss.361 & 362).

   Kidnapping: victim is a minor/unsound mind; consent of the victim is immaterial; offence is against the guardian; substantive offence complete in itself; no specific intent needed. Abduction: any age of victim; by force or deceitful means; consent of the person abducted is relevant; a continuing offence; an auxiliary act punishable only with criminal intent (e.g., for murder, ransom, illicit intercourse).

5. What are the seven circumstances of rape under IPC s.375 / BNS s.63 (consent analysis)?

   Sexual acts as described amount to rape when done: (1) against her will; (2) without her consent; (3) with consent obtained by putting her/another in fear of death or hurt; (4) with consent given under the belief he is her lawful husband; (5) with consent given by reason of unsoundness of mind or intoxication; (6) with or without consent when she is under 18 years; and (7) when she is unable to communicate consent.

6. What is the punishment framework for rape and what is 'aggravated' rape under IPC s.376?

   Rape is punishable with rigorous imprisonment of not less than 10 years extendable to life, plus fine (post-2013/2018 amendments). Aggravated forms (by police, public servant, on a woman under 16/12, gang rape, repeat offenders) carry enhanced minimums — life imprisonment for remainder of natural life, and death penalty is available for rape of a girl under 12 and certain gang rapes.

7. State the definition and five essential ingredients of THEFT (IPC s.378 / BNS s.303).

   Theft is dishonestly taking movable property out of another's possession without consent, with intent to take it, and moving it to effect the taking. Ingredients: (1) dishonest intention, (2) movable property, (3) out of the possession of another, (4) without consent, and (5) moving the property to accomplish the taking.

8. Distinguish Theft, Extortion, Robbery and Dacoity.

   Theft (s.378): dishonest taking of movable property without consent, no force. Extortion (s.383): dishonestly inducing delivery of property by putting a person in fear of injury (consent obtained by fear). Robbery (s.390): theft or extortion aggravated by causing/attempting death, hurt, or wrongful restraint. Dacoity (s.391): robbery committed by FIVE or more persons conjointly (or attempt).

9. When does theft become robbery, and when does extortion become robbery (IPC s.390)?

   Theft is robbery if, to commit the theft or carry away property, the offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint, or fear thereof. Extortion is robbery if the offender, at the time, is in the presence of the victim and puts him in fear of instant death/hurt/restraint and thereby induces delivery then and there.

10. Distinguish 'criminal misappropriation' from 'criminal breach of trust' (IPC ss.403 & 405).

    Criminal misappropriation (s.403): dishonestly misappropriating or converting to own use movable property that innocently/casually came into one's possession. Criminal breach of trust (s.405): dishonest misappropriation/conversion of property ENTRUSTED to a person or over which he has dominion, in violation of a direction of law or legal contract — the key element is a pre-existing entrustment/fiduciary relationship.

11. Distinguish theft from criminal misappropriation.

    In theft the dishonest intention exists at the very moment of taking, and the property is taken out of another's possession. In criminal misappropriation the property comes into the accused's possession innocently/lawfully or by accident, and the dishonest intention to convert arises LATER, after possession is obtained.

12. State the definition and ingredients of CHEATING (IPC s.415 / BNS s.318).

    Cheating is fraudulently or dishonestly DECEIVING a person and thereby (a) inducing him to deliver property or consent to its retention, 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 plus inducement plus resultant damage are essential.

13. Define 'mischief' (IPC s.425) and 'criminal trespass' / 'house-breaking' (IPC ss.441 & 445).

    Mischief (s.425): with intent or knowledge of causing wrongful loss/damage, causing destruction of property or any change diminishing its value/utility. Criminal trespass (s.441): entering onto property in another's possession with intent to commit an offence or to intimidate/insult/annoy the possessor. House-breaking (s.445): house-trespass effected by any of the six specified modes of entry (e.g., through a passage not intended for entry, by breaking, scaling).

14. What is the difference between 'house-trespass' and 'lurking house-trespass' / 'house-breaking by night' (IPC ss.442–446)?

    House-trespass (s.442): criminal trespass into a building/tent/vessel used as a human dwelling or for property/worship. Lurking house-trespass (s.443): house-trespass after taking precautions to conceal it from someone entitled to exclude the trespasser. House-breaking by night (s.446): house-breaking committed after sunset and before sunrise — these are progressively aggravated forms.

15. State the ingredients of bigamy and adultery among offences relating to marriage (IPC ss.494 & 497).

    Bigamy (s.494): marrying again during the lifetime of a husband/wife, such second marriage being void by reason of the first subsisting. Adultery (s.497) was sexual intercourse by a man with another man's wife without the husband's consent — STRUCK DOWN as unconstitutional in Joseph Shine v. Union of India (2018); it is no longer an offence.

16. State the definition and ingredients of cruelty under IPC s.498A.

    Cruelty by husband or his relatives = (a) any wilful conduct likely to drive the woman to suicide or cause grave injury/danger to her life, limb or health (mental or physical), OR (b) harassment with a view to coercing her or any relative to meet an unlawful demand for property/valuable security (dowry-related). It is cognizable, non-bailable and non-compoundable.

17. Define 'dowry death' under IPC s.304B and state its essential conditions.

    Where a woman dies by burns/bodily injury or otherwise than under normal circumstances within SEVEN years of marriage, and it is shown she was subjected to cruelty/harassment by her husband or his relatives in connection with a demand for dowry soon before death, it is dowry death (presumed under Evidence Act s.113B). Punishment: imprisonment not less than 7 years, extendable to life.

18. Define 'dowry' under the Dowry Prohibition Act, 1961, and state the penalties for giving/taking and for demanding dowry.

    Dowry (s.2) = any property/valuable security given or agreed to be given directly or indirectly by one party to a marriage to the other (or by parents) in connection with the marriage (excludes dower/mehr). Giving or taking dowry (s.3): imprisonment min 5 years + fine min Rs.15,000 / value of dowry. Demanding dowry (s.4): imprisonment 6 months to 2 years + fine up to Rs.10,000.

19. How does the Protection of Women from Domestic Violence Act, 2005 define 'domestic violence' and what reliefs can a Magistrate grant?

    Domestic violence (s.3) includes physical, sexual, verbal/emotional and economic abuse, and harassment for dowry. It is a CIVIL remedy (penal only on breach of order). Reliefs: Protection orders (s.18), Residence orders (s.19), Monetary relief (s.20), Custody orders (s.21), and Compensation orders (s.22); aided by Protection Officers. Breach of a protection order (s.31) is a cognizable, non-bailable offence.

20. Who is an 'aggrieved person' under the PWDV Act, 2005 and what is the limitation for complaint?

    An aggrieved person is any WOMAN in a domestic relationship with the respondent (relationship of consanguinity, marriage, marriage-like relationship, adoption, or joint family) who alleges domestic violence. There is no rigid limitation; the application is made under s.12 to a Magistrate, who should ideally dispose of it within 60 days of first hearing.

21. Explain the principal sexual-assault offences and the gender-neutral/age scope under the POCSO Act, 2012.

    POCSO protects all 'children' (any person below 18, gender-neutral). Key offences: Penetrative sexual assault (s.3, punishable s.4), Aggravated penetrative sexual assault (s.5/6), Sexual assault (s.7/8), Aggravated sexual assault (s.9/10), Sexual harassment (s.11/12) and Using a child for pornography (s.13/14). The 2019 amendment added the death penalty for aggravated penetrative sexual assault.

22. State the key presumptions and procedural safeguards under the POCSO Act, 2012.

    Presumption of guilt: s.29 presumes the accused committed the offence once foundational facts are proved, and s.30 presumes a culpable mental state (reverse burden). Safeguards: child-friendly Special Courts (s.28), recording the child's statement at the child's residence by a woman officer, mandatory reporting (ss.19–21), no aggressive cross-examination, and in-camera trial; trial to be completed within one year.

23. What categories of conduct constitute 'atrocities' and who is protected under the SC/ST (Prevention of Atrocities) Act, 1989?

    It protects members of Scheduled Castes and Scheduled Tribes from 'atrocities' — offences listed in s.3 committed by non-SC/ST persons, e.g., forcing to eat inhuman substances, social/economic boycott, dispossession of land, sexual exploitation, public humiliation/casteist abuse in public view, and preventing exercise of rights. Offences are cognizable and non-bailable.

24. State the special features of the SC/ST (Prevention of Atrocities) Act, 1989 regarding bail, courts and statutory presumption.

    Key features: (a) anticipatory bail under CrPC s.438 is barred (s.18); (b) Special/Exclusive Special Courts try offences for speedy trial; (c) enhanced punishments and provision for collective fines; (d) protection/relief and rehabilitation for victims; and (e) statutory presumption of abetment (s.8) in certain circumstances. The 2018 amendment restored the bar on anticipatory bail and barred preliminary inquiry/prior sanction for arrest.

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