Remember: 4 ACTS + 7 CIRCUMSTANCES = RAPE - 4 Acts (POMP): Penis
penetration | Object insertion | Manipulation | Oral application - 7
Circumstances (WCFDIUU): Will | Consent | Fear | Deception | Immature
(<18) | Unable (drugs) | Unable (mind) - Key: ANY act + ANY
circumstance = rape - Marital exception: Wife ≥18 = protected; Wife
<18 = RAPE anyway
Answer: “Section 63 requires one of 4 acts under
one of 7 circumstances. The marital exception applies only to wives 18+. For
wives under 18, intercourse is rape even in marriage.”
Remember: FALSE PROMISE ≠ RAPE (but
criminal) - False promise of marriage/employment/misrepresented identity -
Consent given, but vitiated by fraud (not force) - Distinct crime from rape -
Separate offence with separate punishment
Answer: “Section 69 is
entirely new. It criminalizes intercourse by false promise of
marriage/employment when woman consents but consent is based on fraud.
Different from rape because no force; different from cheating because sexual
consequence.”
SECTION 70: GANG RAPE
Remember: 1+ PERSONS ACTING TOGETHER - IPC: 2 persons - BNS: 2
persons - Common intention essential - All members equally liable as
principals
Answer 2+ persons acting conjointly with common
intention to commit rape = gang rape. All members equally guilty as
principals.”
SECTION 85:
CRUELTY BY HUSBAND/RELATIVES
Remember: GRAVE + WILLFUL + PATTERN =
CRUELTY - Wilful conduct likely to drive to suicide OR cause grave injury - OR
harassment connected with dowry - NOT:
Single incident, trivial complaint, matrimonial discord
Answer: “Cruelty
requires grave, willful, persistent conduct. Single incident or trivial
harassment doesn’t constitute cruelty. Modern courts scrutinize 498A/Section 85
cases carefully.
SECTION 100:
CULPABLE HOMICIDE (Definition)
Remember: 3 MENTAL ELEMENT OPTIONS (Any
one) 1. Intention to cause death 2. Intention to cause injury likely to cause
death 3. Knowledge that act likely to cause death
•
Plus: Act directly causes death
•
Excludes: 5 exceptions that
make it murder
Answer: “Culpable
homicide: Any one of three mental elements (intention death, injury likely
death, knowledge likely death) + causation. Genus of all unlawful killing.”
SECTION 101: MURDER
(Definition)
Remember: 4 CLAUSES (Any one; higher bar than CH) 1. Intention to cause death
(direct intent) 2. Intention to cause injury KNOWN likely to cause death OF
THAT VICTIM (specific knowledge) 3. Intention to cause injury SUFFICIENT in
ordinary course to cause death (objective test) 4. Knowledge act imminently
dangerous & must in all probability cause death
•
Excludes: 5 exceptions
(provocation, private defence, public duty, sudden fight, consent)
Answer: “Murder: Higher culpability than
culpable homicide. Clause 2 requires specific knowledge of victim (e.g., knows
heart condition); Clause 3 uses objective standard (ordinary person). Four
alternative mental elements.”
SECTION 103(2):
GROUP MURDER (HATE CRIME - NEW)
Remember: 5+ PERSONS ON HATE GROUND - 5
or more persons minimum - Acting in concert (common intention) - Murder on
ground of race/caste/sex/language/belief/similar - Each member equally liable
as principal
Answer: “Entirely new
section addressing communal violence. 5+ persons must act conjointly with
common intention to murder on hate ground (caste, religion, sex, etc.). Each
equally liable. Response to communal riots.”
SECTION 116:
GRIEVOUS HURT (Definition)
Remember: 8 CATEGORIES (Any one = GH) 1. Emasculation (reproductive
incapacity) 2. Sight loss (blindness) 3. Hearing loss (deafness)
4. Loss of member (amputation) 5. Destruction of function
(paralysis) 6. Disfigurement (face scars) 7. Fracture/dislocation
(broken bone) 8. Pain ≥15 days OR incapacity (duration-based)
BNS
lowered from IPC 20 days to 15 days (Category 8)
Answer: “8 categories. Category 8 (15-day
pain/incapacity) most litigated. BNS reduced threshold from 20 to 15 days—more
protection for victims.”
SECTION 117:
VOLUNTARILY CAUSING GRIEVOUS HURT
Remember: CAUSES + ANY CATEGORY OF GH -
Intentionally OR knowingly causes grievous hurt - Any of 8 categories of
grievous hurt - Voluntary (intentional/knowing)
Answer: “Voluntarily
causing any of 8 categories of GH. Mental element: intention OR knowledge that
likely cause GH. Distinguish from negligence.”
SECTION 117(3):
GRIEVOUS HURT CAUSING PERMANENT DISABILITY (NEW)
Remember:
GRIEVOUS HURT + PERMANENT DISABILITY = ENHANCED Punishment - Voluntarily causes GRIEVOUS HURT - Results in permanent disability OR persistent vegetative state - Enhanced offence (higher punishment)
Answer: “Entirely new.
Addresses catastrophic injury. Base offence is GH + consequence is permanent
disability/vegetative state = enhanced severity.”
SECTION 124(1):
ACID ATTACK CAUSING GRIEVOUS HURT (NEW)
Remember: ACID THROWN + GH CAUSED -
Voluntarily causes GH - By administering/throwing acid/corrosive/toxic
substance - On person’s body - Grievous hurt MUST be caused
Answer: “Entirely new
separate provision. GH by acid. Mandatory minimum 10 years. Fine paid to victim
(medical expenses).
SECTION 124(2):
ATTEMPT ACID ATTACK (NEW)
Remember: ACID THROWN—GH NOT REQUIRED - Attempts/throws acid at person -
Intention to cause GH OR knowing likely cause GH - Grievous hurt NOT
required (attempt alone criminal)
Answer: “Entirely new. Attempt to throw acid
= separate crime. Damage not essential; throwing/attempting alone = complete
offence. Deterrent against acid attack attempts.”
SECTION 303: THEFT
Remember: 5 INGREDIENTS (ALL must be present) 1. Taking of movable property
2. Without consent of owner 3. Dishonest intention (intent to permanently
deprive) 4. Knowing it wrong 5. Intention to cause wrongful loss OR wrongful
gain
Answer: “5 essential ingredients. KEY: Dishonesty =
consciousness of wrongdoing. Taking + dishonesty + intent to deprive = theft.”
SECTION 304: SNATCHING (NEW)
Remember: THEFT + SUDDEN/FORCIBLE + IMMEDIATE AWARENESS - Theft committed -
SUDDENLY or QUICKLY or FORCIBLY seized - From person OR immediate possession -
Victim immediately aware of loss
Answer: “Entirely new standalone offence.
Distinct from theft (no suddenness) and robbery (no threat/violence). Addresses
chain/phone/bag snatching. Sudden forcible taking from immediate possession.”
SECTION 308: EXTORTION
Remember: FEAR + INDUCEMENT + DELIVERY - Puts person in fear of injury
(death/hurt/wrongful restraint) - Intentionally AND dishonestly - Induces
person to deliver property - Actual delivery of property occurs
Answer: “Fear must be ACTUAL (victim genuinely
afraid, not hypothetical). Property delivered as result of fear. Blackmail =
classic extortion.”
SECTION 309: ROBBERY
Remember: THEFT/EXTORTION + FORCE/THREAT + INSTANT HARM - Theft OR Extortion
+ Use/Threat of Force - Force/threat for: Death OR Hurt OR Wrongful restraint
OR Fear of instant death/hurt - “Instant” = immediate/present threat (not
remote) - During/before/after stealing OR during escape
Answer: “Property crime + violence/threat =
robbery. ‘Instant’ means immediate threat; offender need not be physically
present, sufficiently near. Elevated by force element.”
SECTION 310: DACOITY
Remember: 5+ PERSONS ROBBING TOGETHER - 5 OR MORE persons (mandatory
threshold) - Acting conjointly (common intention) - Committing robbery -
Includes direct offenders + aiders = 5+ total - All members equally liable as
principals
Answer: “5-person threshold mandatory. 4 persons
robbing = 4 counts robbery (not dacoity). 5+ persons robbing = dacoity. Even
non-violent aiders count toward 5.”
SECTION 316:
CRIMINAL BREACH OF TRUST
Remember: ENTRUSTMENT + DISHONEST MISAPPROPRIATION - Property ENTRUSTED to
accused (lawful initial possession—KEY difference from theft) - Dishonest
misappropriation/conversion/use - Breach of contract/law governing trust -
Dishonest intention MUST be proved
Answer: “Initial possession key distinction
from theft. In theft, never had right (stolen). In CBT, initially had right
(entrusted), then dishonestly takes. Includes executors, bankers, agents,
public servants.”
SECTION 34-39:
PRIVATE DEFENCE - BODY
Remember: APPREHENSION OF DANGER + EXTENDS TO DEATH - Apprehension of danger
to body (death/GH/rape/wrongful restraint) - From attempt/threat (need NOT wait
for actual attack) - Defence commences as soon as apprehension arises -
Continues while danger persists - MAY extend to CAUSING DEATH if
necessary
Answer: “Can use lethal force in body
defence (murder, rape, GH threats). Apprehension sufficient (no need for actual
attack). Proportionality required.”
SECTION 40-44:
PRIVATE DEFENCE - PROPERTY
Remember: APPREHENSION OF PROPERTY
DANGER- Apprehension of danger to property (theft/mischief) - From
attempt/threat - Defence commences as apprehension arises - Continues while
danger persists
SECTION 3(5): COMMON
INTENTION
Remember: PRE-PLANNED SHARED INTENTION = ALL PRINCIPALS - 2+ persons - Common
intention (PRE-PLANNED, not mere coincidence) - Shared object/plan - In
furtherance, any person commits act - Act consequence of common intention - All
liable as PRINCIPALS (not aiders/abettors)
Answer: “Common intention = ‘acting
together’. Requires pre-concert/shared plan. All members equally liable as
principals. Applies to gang rape, group murder, dacoity.”
No comments:
Post a Comment