Important Topic and Questions of Penal Code, 1860

One of the foundations of legal study is penal law without a clear understanding of penal not it is impossible to pass LLB or Bar examination as well as Judicial examination. Penal Code 1860 also known as Indian Penal Code in India is the basis of all penal law of this subcontinent, therefore, it is very crucial to have a good idea of penal laws. Sometimes even after having a good preparation student may get confused in the exam hall because of the question type or complex problem question, to avoid this kind of problem one must have a good idea of the question type and get himself prepared for those question.

Here are some Sample questions presented chapter and topics based on previous BJSC questions, hope these questions will help others to understand the question type of Penal Code.

Basics of Penal Law & General Explanation

Chapter II; Sections 5 – 52A

  • Define Offence. What is meant by Intention and Motive? When motive is considered relevant? (3rd BJSC, 2007)
  • No Person can be penalized only for the commission of an offence unless it is coupled with “Mens rea” – explain this proposition with reference to a few provisions of the penal code. (5th BJSC, 2010)
  • “An act intent constitutes an offence.” Explain the statement with reference to acts that are exempted from criminal liability in view of relevant provisions of the Penal Code.
    • ‘Z’ comes to a surgeon under painful complaint who operation on ‘Z’ in good faith for ‘Z’s benefit knowing that the operation is likely to cause the death of ‘Z’, but not intending to cause ‘Z’s death. ‘Z’ dies after the operation. Can the surgeon be charged for the death of Z”? Explain.
  • What is meant by ‘common intention’ and ‘common object’? Differentiate between ‘common’ intention and ‘common object in the light of relevant sections. (10th)
Common Intention (Section 34)
  • “Unless common intention and participation are both present, section 34 of the Penal Code cannot be applied.” – Justify the statement. Discuss the role of ‘common intention and common object in making a person liable for an offence not directly committed by him.
    • ‘X’ and ‘Y’ agree to murder ‘Z’ by severally and at different times giving him small doses of poison. ‘X’ and ‘Y’ administer the poison according to the agreement with intent to murder ‘Z’. Z’ dies from the effect of several doses of poison so administered to him. Can ‘X’ and ‘Y’ liable for causing the death of ‘Z’? If so, why? (9th)
penal code question

Penal Code 1860 | Sample Question | Problem Question

Punishment

Chapter III; Sections 53 – 75

  • What are different kinds of punishment to which offenders are liable under the penal code? What is the object of punishment? For offences under which sections death sentence may be awarded? (3rd BJSC, 2007)
  • The presence of deterrent punishment and absence of reformative punishment in the Penal Code are apparent. Do you support this view? Justify your reply with reference to relevant law. (5th BJSC, 2010)
  • State various modes of punishments in reference to the relevant provision of The Penal Code, 1860.
    • State the amount of fine where no sum is expressed, in reference to the relevant provision of law.
    • What would be the effect of imposition of imprisonment in Default of payment of fine, if the fine is fully paid, answer mentioning the relevant provision of law? (10th)

General Exceptions

Chapter IV; Sections 76-106

  • What are the general exceptions? If a plea is taken that the action is covered one of the general exceptions, burden of proof lies on whom? (3rd BJSC, 2007)
  • A doctor on good faith informs his patient that he may not survive. The patient died of shock after hearing this. Has the doctor committed any offence? Give your answer with reference to the relevant sections of the penal code. (both from 3rd BJSC, 2007)
  • What do you mean by right of private defense? To what extent such right can be exercised? When the right of private defence relating to property can extend causing death of a person? (4th BJSC, 2007) (8th)
  • Nothing is an offence which is done in the exercise of the right of private defence.” Describe the exceptions and extent to which this right may be exercised against the Provision laid down in section 96 of the Penal Code.
    • Narrate the circumstances where the right of private defence of the body extends to causing death of the assailant. (10th)
  • Are the following Acts Offences? Give Example for each.
    • Accident in doing a lawful Act,
    • Communication made in good faith
    • Act Done by a person bound by law, or by mistake of fact believing himself bound by law.
    • Act done by a person justified, or by any mistake of fact believing himself justified by law. (10th)

Abetment

Chapter V; Sections 107-120

  • Distinguish between common object and common intention. What is meant by abetment?
    • “A” instigates B to burn the house of C. B sets fire to the house of C and also commits theft. “Whether A can be found guilty as abettor for theft” (3rd BJSC, 2007)
  • A is a person of unsound mind (u/s 84). B asked A to set fire to the house of C. Accordingly A set fire to the house. What penalty may be imposed on A and B. Justify your reply with reference to relevant law. (5th BJSC, 2010)
  • What do you mean by ‘abetment? Who is an “abettor What shall be liability of an abettor, when one act abetted but different act done?
    • A, B and C conspire to poison Z to cause his death. As a part of such conspiracy A gives money to B to procure poison. Procuring the poison B delivers it to C for administering the same to Z. Administering such poison C causes the death of Z. Explain the liabilities of A, B and C for the death of Z. (8th)
  • Distinguish abetment of an offence from criminal conspiracy.
    • ‘A’ instigates ‘B’ to cause death of “C’. ‘B’ refuses to do so. Does ‘A’ commit any offence? If commits, what is the offence punishable under what section of the Penal Code, 1860? (10th)

Criminal Conspiracy

Chapter VI; Sections 120A -120B

  • What is meant by Criminal conspiracy? Explain the provisions under sections 34, 107 and 120A of the Penal Code stating their distinguishing features.

Offences against the public tranquillity

Chapter VIII; Sections.  141-160)

Unlawful Assembly
  • Define unlawful assembly.

False Evidence

Chapter XI; Section 191 – 229

False Evidence, document etc.
  • What are the ingredients of the offences of “Giving False Evidence” and fabricating false evidence within the meaning of section 191 and 192 of the Penal Code? Distinguish between “Counterfeiting Coin” and counterfeiting Government stamps as per provisions of the Penal Code. (4th BJSC, 2007)
  • Define the phrases giving false evidence and fabricating false evidence. Bring out a distinction between them.
    • A knowingly signs and issues a false certificate. What offence does a commit? Answer with reasons.
  • Define the offence of giving false evidence. When can a charged with the causing disappearance of evidence of an Enumerate the different modes and scales of punishment for such offence attracting different types of punishments.
    • ‘A’ takes poison with intent to commit suicide, but fortunately, a survives. Does ‘A’ commit any offence? If so, what is the name and maximum punishment for such offence?

Offence Against Human Body;

Chapter XVI; Sections 299 -337

Culpable Homicide, Murder etc | Offences affecting Life (229-318)
  • What is culpable homicide? Distinguish between culpable homicide and murder. (5th BJSC, 2010)
    • When is culpable homicide not amounting to murder? Illustrate (3rd BJSC, 2007)
  • A strikes Z who is laboring under such a disease that a blow is likely to caused his death. Z dies consequence of the blow, although the blow might not have been sufficient in the ordinary course of nature to cause the death.
    • What offence A committed if he had knowledge and if he had no knowledge about the disease? Discuss with relevant law.
  • Under what circumstances a culpable homicide is murder and not murder?
    • In course of an alteration A gives a kick on the abdomen of B, which results in B’s instantaneous death. Does A commit any offence? What shall be the maximum punishment for such offence?
Hurt  (319-338A)
  • Define hurt and grievous hurt as given in the penal code. Explain the basic difference of the offences punishable under 326 and 326A
  • Define ‘hurt’. Describe the hurts defined as grievous.
    • ‘A’ intending or knowing himself to be likely permanently to disfigure ‘B’s gives ‘B’ a blow which does not permanently disfigure ‘B’s face, but which causes B to suffer severe bodily pain for the space of twenty days. What kind of hurt A has committed? (10th)
Wrongful restraint

Wrongful Restraint and Wrongful Confinement (339-348)

  • Describe terms “wrongful restraint” and “wrongful confinements. What is the maximum punishment of wrongfully confining a person for more than 10 days?
    • X causes Z to go within a space surrounded by a high wall and locks Z therein. Z is prevented thereby from proceeding on any direction beyond the limit of the surrounding wall. Does X commit any offence? What may be the maximum punishment for such offence, if any? (8th)
  • ‘A’ Holds ‘B’ Down and fraudulently takes; b;s Money and jewels from his cloths, without his consent. In order to the Committing of the act ‘A’ has voluntarily caused wrongful restraint to ‘B’. Answer with reasons as to what offences ‘A’ has Committed. (10th)
Force, Assault

Criminal Force and Assault (349-374)

  • Discuss the provisions relating to Criminal Force and Assault
    • A shakes his fist at Z knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. What offence has a committed. (6th)

 

Offence Against Property

Chapter XVI; Sections 338 -462B

Theft (378-382), Extortion (383-389), Robbery and Dacoity (390-402)
  • Define theft and Stolen Property. Can an accused be convicted and sentenced for commission of both of the offences at a time? Justify. (4th)
  • Find out the distinctions in the following offences
    • Theft and extortion
    • Theft and robbery
    • Robbery and Dacoity
  • What are the ingredients of extortion? When does it amount to robbery? Distinguish robbery and dacoity?
    • A meets Z on a highway, A shows a pistol and demands Z’s purse. In consequence, Z surrenders his purse. Does a commit any offence explain. (6th)
  • Can a man be guilty of theft of his own property?
    • Can a person abetting the commission of an offence be liable to be punished even though the offence is not committed?
  • What are the differences amongst the offences,
    • (a) theft,
    • (b)extortion,
    • (c) robbery and
    • (d) dacoity? Discuss when theft is extortion, extortion is robbery and robbery is dacoity with reference to the relevant provisions of the Penal Code, 1860. (10th)

 

  • Some dacoits committed dacoity at the residence of “A”. At that time “A” resisted. The dacoits except “B” attempted to kill “A” and “B” forbade them. But the other dacoits ultimately killed “A”. Is “B” liable to any penalty? (5th BJSC, 2010)
  • ‘A’ ‘B’ ‘C’ ‘D”. And ‘E’ have committed a certain dacoity. Out of the goods stolen, a cell phone was recovered from the possession of ‘B’ and a gold necklace was recovered from the possession of ‘F’ who received the same from ‘D’ knowing it to a stolen property. All the six accused ‘A”B”C’ ‘D” ‘E’ and ‘F’ were Charged under section 395 and 412 of the Penal Code. Will you punish all the accused under both the sections? Give Reason. (10th)

Criminal Breach of Trust

Of Criminal Breach of Trust (405-414)

  • Explain the criminal breach of trust and cheating. What sentences are awarded for the commission of those offences?
    • Directors of forward Bank Ltd. Paid dividends out of deposits without making any profit and thereby causing wrongful loss to depositors. Discuss criminal liability under the Penal Code.
  • Distinguish Criminal Breach of Trust and Criminal Misappropriation of Property.
    • A finds a valuable mobile set on the road not knowing to whom it belongs. A sell it immediately without attempting to discover the actual owner of the property. Is a Aguilty of any offence? Answer with reasons.
  • Analyze with illustration the ingredients of cheating’ and ‘criminal breach of trust’ with reference to the relevant provisions of the Penal Code.
    • On the pretext of sending B abroad with highly-paid job A Induced B to pay him Tk. 5 lacs. Ultimately A does not send B abroad and denied receipt of any money. What type of offence does A commit? Can person be guilty of forgery by signing his own name? Discuss.
Criminal Trespass, Housebreaking

Of Criminal Trespass (441-462)

  • Define the term Criminal Trespass
  • Under what circumstances, and offence of house-trespass become an offence of house-breaking and larking house-trespass.
  • X is standing on his doorway. One day during daylight Y forces a passage into the house by knocking down X. Does Y commit any offence under the Penal Code”? If contains. What is the maximum sentence for such offences?

 

Document, Trade Marks or Property related

Chapter XVIII; Sections 463 -489

  • Can a person be guilty of forgery by signing his own name? (sec 463)
  • What is meant by ‘forgery’ and ‘making of false documents’? Discuss with illustrations making reference to the relevant provisions of law.
    • What do you mean by a document? When may the following things be treated as documents:
    • i) A Contract; ii) A Bill of Exchange; ii) A Map (9th)

Mixed topic

  • Find out the distinction and the following offences under penal code;
    • Wrongful restraint and wrongful confinement
    • Kidnapping and abduction
    • War against Bangladesh and Sedition (4th BJSC, 2007)
  • Short Note:
    • Public Nuisance
    • Wrongful Confinement
    • Defamation
    • Criminal Intimidation
    • Mischief
    • Cheating by personation
  • Preparation to commit offence
    • What are the distinctions between attempt and preparation to commit a crime? In What cases preparation to commit an offence itself is an offence under the Penal Code? Give your answer with illustrations.
  • State the names and maximum punishment of the offences under the relevant provisions of the Penal Code in the following cases:
    • a) A cuts down a tree on B’s land without his consent with the intention take it for making a boat for A’s use,
    • b)’A’ voluntarily obstructed a private car in which four persons was travelling.
    • c)A was sent by his master to sell goods and bring the money to him. A did not give the sale proceeds of the goods to his master.
  • Find out distinctions between the following offences:
    • Kidnapping and abduction;
    • Using of a ‘false trade mark’ and ‘false property mark”;
    • Criminal conspiracy and common intention. (8th)
  • Define the followings with illustration:
    • i) Wrongful Gain and Loss;
    • ii) Dishonestly and Fraudulently,
    • iii) Abetment and Criminal Conspiracy;
    • iv) Wrongful Restraint and Contina.
  • Whether ‘A’ commits any offence in the following incidences? Discuss
    • ‘A’ is a police officer. ‘B’ abets the commission of a robbery with full knowledge of ‘A’ With the intention to give opportunity for commission of the offence ‘A’ hides the information and does not take any action to prevent that.
    • ‘A’ is a surgeon. In good faith, he communicates to a patient his opinion that he lives no longer. The patient dies In consequence of the shock.
    • ‘A’ signed and issued a falsified document with full knowledge.
    • With the intention of theft ‘A’ fires a bullet aiming a duck Hiding behind the bush ‘B’ is hit by the bullet, which causes his death, ‘A’ does not know ‘B’s stay behind the bush.

Rayhanul Islam

Legal activist & Practitioner - Editor - Researcher - Learner; A person who uses Logic & Law as his tool where psychology & Philosophy plays a role, he is on a quest to bring positive change to the legal sector of Bangladesh. He works as a lawyer and promotes legal knowledge and human right concept to the root level. He can be reached at: [email protected]

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