The Most Important Questions That Can Be Asked From Indian Penal Code

When did the Indian Penal Code receive the assent of the Governor General?

• 6th October 1860

Landmark judgements relating to attempt and preparation 

• R v. Francis (to be r/w section 511)
• Abhay Anand Mishra v. State of Bihar
• Malkiat Singh v. State of Punjab
• Om Prakash v. State of Punjab

Which section deals with extra-territorial operation of IPC? 

• Section 4

Who do section 2 , 3 & 4 apply? 

• Every person/ Any person (not citizens)

Landmark judgements relating to jurisdiction of IPC (section 2, 3 & 4)

• Lee Kun Hee v. State of UP
• Mobaik Ali Ahmad v. State of Bombay
• M.H George

What does the case of M.H George relate to? 

• Jurisdiction of IPC
• Ignorance of law
• Intention 

Landmark cases relating to intention and knowledge.

• Sheeras & Rutzen Case
• R v. Tolson

Which section of IPC makes every other section of the Code subject to the exceptions contained in Chapter entitled ‘General Exceptions’?

• Section 6

Which section of IPC deals with ‘enhanced punishment’?

• Section 75

Landmark case dealing with section 8 of IPC?

• Vijaya Manohar Arbat v. Kashirao Arbat ( Also deals with section 125 CrPC)

What all is included in the definition of ‘person’ contained in section 12 of IPC?

• Company
• Association 
• Body of persons, whether incorporated or not. 

Which judgement provides that transgenders are included in the definition of ‘person’?

• Nalsa

Which judgement partially struck down section 377?

• Navtej Johar

What all are included in the definition of ‘public’ contained in section 12?

• Class of public
• Community 

When was section 13 ( definition of Queen) of IPC repealed?

• A.O of 1950

Which of the following two is the genus and which is the specie – 

a) Servant of Government 

b) Public Servant

• Servant of government is the genus, public servant is the specie

How many entries are there in section 21 dealing with ‘public servant’?

• 12 entries

Landmark judgement dealing with section 21?

• Karuna Nidhi
• R.S Nayak v. A.R Antulay

Can a ‘panchayat’ be considered a ‘Court of Justice’ u/s 20 IPC?

• Yes (illustration to section 20)

Is a member of panchayat judge for the purposes of section 19 of the Code?

• Yes (illustration to section 19)

Can a committing Magistrate be considered to be a ‘judge’ u/s 19 IPC?

• No ( illustration (d) to section 19)

How many entries are there in section 100 of IPC

• 7 entries 
• 7th entry has been introduced by amendment act of 2013

Is injury a necessary condition for offence of fraud/deception (section 25)?

• Yes

Does counterfeiting u/s 28 involve exact imitation?

• No 

Landmark judgements dealing with common intention(section 34).

• Mehboob Shah
• Barendra kr. Ghosh

 By which judgement was ‘furtherance’ added to section 34?

• Queen v. Gorachand Gopi (1870) 

Can several persons engaged in commission of a criminal act be guilty of different offences by means of that act?

• Yes (section 38- illustration very important)

How many types of punishment have been provided in section 53?

• 5 types

When was ‘transportation for life’ provided for in section 59 removed?

• 1955

In which case was the doctrine of rarest of rare propounded?

• Machi Singh v. Bachha Singh

Is consent of the person required for commutation of sentence (section 54)?

• No

What is the maximum extent to which a sentence of life imprisonment be commuted (section 55)

• 14 years

What is the nature of fine that can be imposed u/s 64 IPC?

• Reasonable (not excessive)

What is the limit to imprisonment for non-payment of fine, when both imprisonment and fine are awarded?

• 1/4th of the term the maximum term imprisonment

What is the limit to imprisonment for non-payment of fine, when only fine is imposed?

• 2 months when fine doesn’t exceed Rs. 50
• 4 months when fine doesn’t exceed Rs. 100
• 6 months in other cases

Which section of IPC incorporates the provision of double jeaopardy?

• Section 71

What are the limits imposed by the Code on solitary confinement (section74)? 

• Maximum 14 days at a time
• A gap of minimum 14 days between periods if solitary confinement 
• A maximum of 7 days in a month when imprisonment does not exceed 3 months

Landmark cases dealing with solitary confinement (section 73)?

• Sunil Batra v. Delhi
• Rudal Shah

Which section of IPC does the maxim ‘ignorantia facti excusat, juris neminem excusat’ relate to?

• Section 76

Which case provided for the difference between ignorance and mistake?

• Hotton v. Edgetton

What are the essential ingredients of section 80, IPC?

• Lawful act
• Lawful manner
• Lawful means
• With proper care and caution

Which case provides that contributory negligence is not a defence?

• Swindle v. Osbon

Important judgements relating to the doctrine of necessity (section 81)?

• R v . Shratton (Justice Mansfield)
• R v. Dudley and Stephens (Justice Colridge) ( 5th July, 1884)
• Bishamber v. State
• Browning v. State

‘Neccessitas non habet ligum’ is incorporated in which section of IPC?

• Section 80

What is the age provided for in English law for extending the benefit of Doli Incapax?

• 10 years

Important cases relating to Doli Capax as incorporated in section 83?

• Hiralal Malik (1997)
• Ulla v. King

Which section does the maxim ‘Furocis absentis loco est’ relate to?

• Section 84

Important cases relating to section 84 dealing with acts of a person of unsound mind?

• R v. Arnold
• McNaughten’s case (1823)
• Durham v. US
• Queen v. KN Shah

Important cases relating to crime committed in an intoxicated state (section 85 & 86)

• DPP v. Beard
• Delerium Tremens
• R v. Meade (1909)
• Mubarak v. Rajasthan (2007)
• Basdeo v. Pepsu

Which section of IPC incorporates the maxim ‘Volenti non fit injuria’?

• Section 87

What is the age provided in section 87 of IPC?

• 18 years

Is a consent given under fear or misconception a valid consent for the purposes of this code?

• No ( section 90)

In order to attract section 90 of the IPC, is it necessary that the person to whom the consent is given knows that it is given under fear or misconception?

• Yes 

What is the age limit imposed by section 90 is case of consent by a child?

• 12 years

Which case law provided that a consent given in fear and misconception is not a valid consent?

• Mathura Rape Case

Can consent validate an illegal act?

• No (section 91)

Which two offences have been excluded by section 94?

• Murder
• Offences against State punishable with death

Important case relating to section 95.

• Veeda Menezes v. Yusuf Khan

Which section does the maxim ‘De minimus Non Curat Lex’ relate to?

• Section 95-acts causing slight harm

What is the scope of private defence (section 97)?

• Own body
• Body of others
• Own property
• Property of other person

What are all the exception to the right of private defence (section 99)?

• Act done by a public servant in good faith.
• Act done by direction of a public servant acting under law
• There is time to have recourse to protection of public authorities 
• Necessity

Important cases relating to the the right of private defence?

• Buta Singh’s Case
• Sohan Singh’s Case

Can the right of private defence be exercised against a person of unsound mind?

• Yes (section 98)

In what cases does the right of private defence of property extends to causing death? (section 103)

• Robbery
• House-breaking by night
• Mischief by fire
• Theft, mischief or house trespass

In what circumstances can a person said abet the doing of a thing (section 107)?

• Instigation
• Engaging in conspiracy for doing that thing
• Intentionally aiding

To constitute the offence of abetment,is it necessary that the act abetted should be committed?

• No (Explanation 2 to section 108)

A abets B, B abets C, C abets D for committing a crime. D commits the offence as a consequence of C’s abetement. Who all will be liable for the crime of abetment?

• A, B & C (Explanation 4 to section 108)

Can willful misrepresentation or concealment amount to an offence of abetment?

• Yes (amount to instigation) (explanation 1 to section 107)

What is the liability of abettor when one act is abetted but different act is done? (section 111)?

• Liability for the act done

What is the punishment of abetment if the act is committed in consequence of the abetment and no express provision is made by this Code for punishment of such abetment? (section 109)

• Punishment provided for the offence abetted

Is is necessary for the offence of criminal conspiracy that illegal act must be the ultimate object of such conspiracy? (Explanation to section 120A)

• No, could even be merely incidental to that object 

Quantum of punishment for a criminal conspiracy to commit an offence punishable with imprisonment of a term below two years?

• 6 months (section 120B)
• Which Chapter of IPC deals with ‘General Exceptions’?
• Chapter IV

Which chapter of IPC deals with ‘Offences against the State’

• Chapter VI

Which Chapter of IPC deals with ‘Offences relating to public servants’?

• Chapter IX

Sections dealing with offences punishable even at the stage of preparation?

• Section 122
• Section 126
• Section 399

What is the object of the offence of waging war u/s 122 IPC?

• Disloyalty 

What is the meaning of disloyalty under the above mentioned section?

• Feeling of enmity (explanation 1 to sec 122)

Recent judgement on section 124A?

• Vombatkare

In what circumstances can we say that the offence of sedition has not been committed?( Explanation 2 & 3 of section 124A)

• Comments expressing disapprobation of government measures without exciting any hatred, contempt or dissatisfaction 
• Comments expressing disapprobation of the administrative or other action of Government without exciting any hatred, contempt or dissatisfaction 

Are lathi and danda included in definition of ‘arms’?

• Yes ( Explanation to section 153AA)

Number of entries in section 141 dealing with ‘Unlawful Assembly’?

• 5 entries

Punishment for being a member of an Unlawful Assembly?

• 6 months (Section 143)

Punishment for committing affray?

• 1 month or fine upto Rs. 100 (Section 160)

What does section 146 deal with?

• Rioting

What is the punishment prescribed by the Code for the offence of rioting?

• Upto 2 years of imprisonment or fine or both (Section 147)

Which section provides for ‘common object’?

• Section 149

Which section deals with the principle of Respondent Superior?

• Section 154

What is the punishment for a public servant disobeying law

• Upto 1 years of imprisonment or fine or both (Section 166)

By which amendment were sections 166A and 166B introduced in the Code?

• 2013 Amendment 

Punishment for offence of bribery committed by treating?

• Only fine (section 171E)

Which Chapter of IPC deals with ‘Contempt of the lawful Authority of Public Servants?

• Chapter X

In which year was section 174A introduced in the Code?

• 2005

Which section deals with obstructing public servant in discharge of public function?

• Section 186

What is a necessary requisite for attracting the provisions of section 191?

• Being legally bound by an oath or express provision of law

Can a statement made verbally fall within the purview of section 191?

• Yes ( Explanation to section 191)

What all can be considered to be a judicial proceeding? (Section 192)

• Trial before a Court- Martial
• Proceeding before an arbitrator
• Investigation proceedings

What is the punishment prescribed for fabricating false evidence with intent to procure conviction of capital offence? (section 194)

• Imprisonment for life or rigorous imprisonment up to 10 years along with fine

Is the punishment any different in a case where such person who is falsely convicted  and also executed?

• Yes, the person giving false evidence can be even punished with death.

By which amendment was section 228A introduced in the Code?

• 1983 amendment 

What is the punishment prescribed by the Code for counterfeiting of Indian Coin? (Section 232)

• Life imprisonment or imprisonment up to 10 years along with fine

What kinds of illegal omission can be said to amount to an offence of public nuisance? (Section 268)

• Illegal omission causing 1) Common injury                                       

                                                   2) Dange                                  

                                                   3) Annoyance

Which section deals with the offence of adulteration of food and drinks?

• Section 272

What is the punishment prescribed for fouling water?

• Up to 3 months of imprisonment or/and fine upto Rs. 500

What is the punishment prescribed by the Code for making the atmosphere noxious to health?

• Fine which may extend to Rs. 500

Which section of the code deals with continuance of nuisance after injunction and what is the punishment prescribed?

• Up to 6 months of imprisonment or/and fine (section 291)

Which section provides for negligent conduct with respect to fire?

• Section 285

In what circumstances can a book, pamphlet etc be deemed to be obscene? (section 292)

• Lascivious 
• Appeals to prurient interest
• Tends to deprave or corrupt 

What is the  age limit prescribed by the Code for someone to be considered as a ‘young person u/s 293?

• 20 years

What is the punishment prescribed by the Code for trespassing on burial places?

• Imprisonment for a term which may extend to 1 year or with fine, or both

What is a necessary requisite for attracting section 298?

• The sound should be in hearing of the person
• The gesture should be in sight of the person