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LL.B. – I/III/V Semester Examination, December 2024
Paper Code : LB-104/2024
BHARATIYA NYAYA SANHITA, 2023
Duration : 3 Hours Maximum Marks : 100
Note : — Answers may be written either in English or in Hindi, but the same medium should be
used throughout the paper.
This question paper contains a total of 8 questions. All questions carry equal marks.
Answer any 5 questions out of 8 questions.
1. (a) What is the general exception of Private Defence under Bharatiya Nyaya Sanhita, 2023 and
what are the acts against which there is no right of private defence ? 10
2023
(b) John has a long standing enmity with Melvin. One day, the two came across each other
in a market place and ended up hurling verbal abuses at each other. The passersby noticed
this and asked them to calm down after which they both went to their respective homes.
On reaching home John went to his bedroom, took out his father’s lathi and went to Melvin’s
house and asked him to come out to settle scores saying, “I will teach you a lesson today.”
He also hit Melvin’s father on his leg with the lathi. Hearing the cry of his father, Melvin
came out brandishing a revolver seeing which John got scared and began to run away. Melvin
shot at him from behind, as a result of which, John was killed. Discuss whether Melvin will
get benefit of this exception in the light of decided cases. 10
(III) P.T.O.
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2. (a) Discuss the principle of Common Intention under the Indian Criminal Law. In Suresh v.
State of UP (2001) 3 SCC 673, what was the view of the court in deciding the liability
of Pavitri Devi and why ? 10
(2001) 3 673
(b) Critically examine the principle of Common Object in light of the judgement of Maina Singh
v. State of Rajasthan (1976) 2 SCC 827 ? 10
(1976) 2 827
3. (a) The Criminal Law of India makes word gesture or act intended to insult the modesty of
a woman or assault or criminal force to woman with intent to outrage her modestry, an
offence. In this background explain what happened in the case of Kanwar Pal Singh Gill
v. State (Adm., U.T. Chandigarh) through Secy., (2005) 6 SCC 161 and the reasons given
by the court for its decision. 10
(2005) 6 161
(IV)
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(b) In State of Punjab v. Gurmit Singh, (1996) 2 SCC 384, the Supreme Court has
categorically condemned the characterization of the procecutrix as one of “loose morals” or
“such type of a girl” and has mentioned that while trying case involving the offence of Rape,
the lower courts need to be particularly sensitive. Discuss the legal provision on Rape and
observations of the Court in this case. 10
(1996) 2 384
4. Sunil and Kiran are married to each other and staying in Bangalore. One day, Sunil has to go
away for some business work and he asks his friend Rahul to see if Kiran needs something in
his absence. When Sunil comes back, Kiran tells him that while he was away, she and Rahul
had developed romantic feelings for each other leading to physical intimacy. Sunil doesn’t say
anything but asks Kiran to get ready to go for a movie. He takes her to theatre, drops her there
and on the pretext of meeting someone, goes to a friend and borrows his revolver. From there,
he goes to Rahul’s place and when the servant opens the door, he tells him that he will go and
meet Rahul in his study. After going there, Sunil asks Rahul if he will marry Kiran to which Rahul
responds that he does not intend to marry a woman of easy virtue. Hearing this, Sunil shoots
at Rahul who dies on the spot. In the background of the Criminal Law on Culpable Homicide
and Murder, discuss the liability of Sunil with the help of Legal Provisions and Case Law.20
(V) P.T.O.
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5. Amit, 22 years old and Jaya, 17 years old, have been friends for a long time and also want
to get married. One day Jaya suggests Amit that he should take her away so that they could
get married and live happily ever after. She also tells him that if they approach their parents, they
would never agree for their marriage because of the difference in their social status. After going
back home, the same day, she calls him and tells him to pick her up at 8 in the morning from
the Grocery shop in her area. The next day, Amit comes and picks her up in his car, after which
they go to the family temple of Amit and get married and go away to another city of Amit’s
choice. On finding out that Jaya has left the house, her parents approach the police and a case
is filed against Amit. Discuss the liability of Amit with the help of Case Laws. 20
22 17
6. (a) Discuss the principle of mens rea with the help of Legal Provisions and in light of the
judgment in State of Maharashtra v. Mayer Hans George, AIR 1965 SC 722. 10
1965
722
(VI)
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(b) Bittu and Jana are two friends on the lookout for some quick money. They are hired by
smuggler to export 30 kilograms of gold to a foreign country. They are required to take
the said gold in a truck and hand it over to the persons waiting at a deserted coastal area
in Kerala. In the dead of night, they take out the truck and begin driving towards the said
coast. When they are only 100 meters away from the coast, they hear sirens from police
vehicles and are intercepted by police officials. The sound of a boat engine starting and then
disappearing in the distance is also heard at the same time. When charged with attempt to
smuggle gold, both Bittu and Jana refute the charges. Decide their fate with the help of Legal
Provisions and Case Law. 10
30
100
7. (a) What is meant by causing death by neglience ? What was the liability of the bus driver
as held by the Apex Court in S. N. Hussian v State of Andhara Pradesh, AIR 1972
SC 685 ? 10
1972
685
(VII) P.T.O.
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(b) Despite the similarity in facts in the case of Dhirajia and Garsibai, the final verdicts are
different. Discuss the reasons behind the same. 10
8. Write short notes on the following :
(I) Distinction between Robbery and Dacoity 10
(II) Criminal Breach of Trust. 10
(I)
(II)
(VIII)
