IPC Test 2: Fully Solved

IPC TEST 2 [FULLY SOLVED]

Q 10
A (a 42 year old man) and B (a 37 year old woman) had been married for 15 years. They had two children, C and D. Their marriage was not a happy one. A constantly and physically abused B. He used to slap and kick her, as well as insult her. The violence in fact led to B attempting to commit suicide. However, at no point did A demand dowry from B or her relatives. If B were to consider initiating criminal proceeding against A, could section 498A IPC apply?
(a) This is a case of domestic violence, so a FIR should actually be filed under the protection of women from the domestic violence act.
(b) It would, since any conduct which is likely to drive the woman to commit suicide attracts section 498A.
(c) It could not, since a demand for dowry is one of the prerequisites for attracting section 498A
(d) It would not, since the couple had been married for more than 7 years.
Solution:
Relevant legal provision
Section 498A: Whoever being the husband or relative of the husband of a woman subjects such woman to cruelty shall be punished with imprisonment upto three years and fine.
“Cruelty” means
(a) any wilful conduct which is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health, mental or physical, of the woman…
(b) harassment of the woman where such harassment is to coerce her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand
Facts of the case show that the wilful acts of the husband actually led the wife to attempt to commit suicide. Hence his case is squarely covered by part (a) of the definition of cruelty. Section 498A would therefore apply.
Hence, option (b) is the correct option.

Q 11
A (a 25 year old man) was B’s (a 23 year old woman) neighbour. He fell in love with her and wanted to ask her to enter into a relationship with him. He sent her a number of text massages proclaiming his love for her. She did not respond to his overtures. On November 18, 2013 A went to B’s house and told her that he was in love with her, and wanted to marry her. She told him that she was not interested and asked him to leave. A believed that B was only playing hard to get, and if he persisted, she would change her mind. On November 25, 2013 when B was returning home from her workplace, A met her again and proclaimed his love for her again. She again told him that she was not interested, and threatened to complain to the police. In spite of this, a week later, when B was leaving for work, she noticed that A was waiting outside her house with a bouquet of flowers, and he tried to give her the flowers. B ignored him once again, and went to the police station to complain about A’s acts.
Under what section of the Indian penal code should the police register the FIR?
(a) Section 354C for the offence of voyeurism
(b) Section 354D for the offence of stalking
(c) Section 509
(d) Section 354A for the offence of sexual harassment

Solution:
Relevant legal provision
Section 354D: Any man who follows and contacts a woman to foster personal interaction repeatedly despite clear indication of disinterest by her… commits the offence of stalking.
Facts of the case show that this case is squarely covered by the definition of stalking as given in section 354D.
Hence, option (b) is the correct option.

Q 12
A, a 19 year old woman, had consensual sexual intercourse with B, a 17 years old boy. When B’s parents found out, they approached the police for registration of a FIR for statutory rape. The police officer insisted that no offence had been made out.
(a) The police officer is partly right and partly wrong. This is not an offence of statutory rape, punishable under the IPC, but the offence of penetrative sexual assault, punishable under the protection of children from sexual offences act, 2012.
(b) The police officer is right. Rape law is gender-specific. Only a woman can be a victim of rape, and not a man. So, no offence is made out.
(c) The police officer is wrong. This crime is punishable under the Juvenile justice act, 2000
(d) None of the above

Solution:
Relevant legal provision
Section 375 IPC: A man is said to commit “rape” if he
(a) Penetrates his penis to any extent into vagina, mouth, urethra or anus of a woman…
Definition of rape shows that rape law is gender-specific. Only a man can commit rape and not a woman. So, A, a woman, cannot be booked for rape under IPC.
Section 3: A person is said to commit “penetrative sexual assault” if—
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child….
(b) he inserts any object or a part of the body into the vagina, urethra or anus of the child
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child
(d) he applies his mouth to the penis, vagina, anus, urethra of the child
Option (b) is the correct option.

Q 13
A and B were a married couple. At the time of the wedding, the bride’s parents had given their daughter A, three gold necklaces, four sets of gold bangles, and a diamond ring as stridhan. The jewellery was kept in a bank locker which was in B’s name. Owing to an extra-marital relationship, B left the matrimonial home and moved to a different city to live with the woman he was having a relationship with. A filed for divorce, and also asked B to return the gold jewellery. A refused to return the jewellery. He instead sold the necklaces, bangles, and the ring and deposited the money in his account. A filed a criminal complaint alleging that B had committed the offence of criminal breach of trust.
(a) The offence is not made out, since the jewellery is the joint property of both the spouses
(b) The offence is not made out, since there was no entrustment
(c) This is an offence of theft, not criminal breach of trust
(d) None of the choices

Solution:
Relevant legal provision
Section 405 Criminal breach of trust
Whoever being in any manner entrusted with property or with any dominion over property dishonestly misappropriates it or converts it to his own use or …dishonestly uses or disposes of that property in violation of any law prescribing mode of discharge or any legal contract, express or implied, on such discharge commits “criminal breach of trust”
A is a warehouse-keeper. Z going on a journey entrusts his furniture to A under contract that it shall be returned on payment of a stipulated sum. A dishonestly sells the goods. Therefore A has committed criminal breach of trust.

Section 378 Theft
Whoever intending to take dishonestly any moveable property out of possession of any person without that person’s consent moves that property in order to such taking is said to commit theft.
Option (d) is the correct option.

Q 14
Under which of the following circumstances does the right to private defence of the body extend to causing death of the assailant?
(a) All of the choices
(b) An assault with intention of committing rape
(c) An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act
(d) An assault with the intention of kidnapping or abducting

Solution:
Relevant legal provision
Section 100 Private defence extends to causing death
Right of private defence of body extends to voluntary causing of death to the assailant or extends to voluntary causing of any other harm to the assailant in case of following offences:
Third: An assault with intention of committing rape.
Fifth: An assault with intention of kidnapping or abducting.
Seventh: An act of throwing or administering acid or attempt to throw or administer acid with reasonable apprehension that grievous hurt will otherwise be the consequence.
Option (a) is the correct option.

Q 15:
‘A’ inserts his finger into the anus of a woman against her will. Under which one of the following Sections of the Indian Penal Code, is ‘A’ punishable?
(a) Section 509
(b) Section 376
(c) Section 377
(d) Section 354

Solution:
Relevant legal provision
Section 375 Rape
A man is said to commit “rape” if he
(a) penetrates his penis to any extent into vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person
(b) inserts any object or part of body, not being penis into vagina, urethra or anus of a woman or makes her to do so with him or any other person

Section 376 (1) Punishment for rape
Whoever commits rape, except cases in sub-section (2), shall be punished with rigorous imprisonment which shall not be less than ten years but which may extend to imprisonment for life and fine.
Option (b) is the correct option.

Q 16
A, B, C, D, and E, while carrying away property obtained by theft committed in a house fired shots in the air with a view to scare away the inmates from pursuing them. They are guilty of:
(a) extortion
(b) theft
(c) riot
(d) dacoity

Solution:
Relevant legal provision
Section 390 Robbery
Theft is robbery if in order to commit theft or in committing theft or in carrying away property obtained by theft offender voluntarily causes or attempts to cause death or hurt or wrongful restraint or fear of instant death or instant hurt or instant wrongful restraint.

Section 391 Dacoity
When five or more persons conjointly commit or attempt to commit a robbery….. every person so committing, attempting… is said to commit “dacoity”.
Option (d) is the correct option.

Q 17
‘A’ signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. ‘A’ commits:
(a) attempt of forgery
(b) attempt of cheating
(c) cheating
(d) forgery

Solution:
Relevant legal provision
Section 464 Making a false document
Explanation 1: A man’s signature of his own name may amount to forgery.
Option (d) is the correct option.

Q 18
An accused head master of a school threatens a lady teacher to sign certain blank papers and if she does not do so, he would defame her. The head master is guilty of:
(a) attempt to commit defamation
(b) criminal intimidation
(c) robbery
(d) extortion

Solution:
Relevant legal provision
Section 503 Criminal intimidation
Whoever threatens another with any injury to his person, reputation or property with intent to cause that person to do any act which he is not legally bound to do as the means of avoiding execution of such threat commits criminal intimidation
Option (b) is the correct option.

Q 19
‘A’ voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to ‘Z’. ‘A’ has committed:
(a) theft
(b) mischief
(c) extortion
(d) cheating

Solution:
Relevant legal provision
Section 425: Whoever with intent to cause wrongful loss to any person causes destruction of any property commits “mischief”.
Option (b) is the correct option.

Q 20
In which of the following cases, the Supreme Court of India held that ‘if a Hindu husband converts into Islam and marries again, he will be guilty of bigamy’?
(a) Sarla Mudgal v. Union of India 1995 SC
(b) Bhaurao Shanker Lokhande v. State of Maharashtra 1965 SC
(c) Bharatha Matha v. R. Vijaya Renganathan 2010 SC
(d) Revanasiddappa v. Mallikarjun 2011 SC

Solution:
Option (a) is the correct option.