Situational Problems: IPC

  1. Pinu and Shilpa residing at a remote village in Maharashtra are in love with each other. They belong to different castes and know that their families will not consent to their marriage and hence to elope. They decide to wait till Shilpaโ€™s 18th birthday and the day after the birthday Pinu comes to Shilpaโ€™s house from where he takes her away to Mumbai where they get married. However, the village follows Marathi Calendar and the birthday was celebrated in accordance with the calculations. However in accordance with the English calendar Shilpa is a few days younger than 18 years. The parents complaint to the police and Pinu is arrested from kidnapping from lawful guardianship. Comment the following questions:
  • Pinu says that he is not guilty since Shilpa had given her consent and they have eloped with the best of intentions.
  • Pinu and Shilpa says that the offence of kidnapping from lawful guardianship is not applicable since Shilpa is above 18 years age according to Marathi calendar which is actually the calendar which genuinely followed in the village which is proved fact.

2. Minu, her uncle, and her boyfriend Lakshman are called to police station in a connection with a complaint made by Minuโ€™s uncle that Lakshman has kidnapped her. After making some inquiries police ask everyone to go home but tell Minu that she has to stay back for a while longer. Thereafter constable Tambe takes Minu to shade behind the police station and asks her to have sexual intercourse with her. Minu offers no resistance and concedes. A complaint of rape is later on filed against constable Tambe.

  • What offence if any has Constable Tambe committed? Can Tambe maintain that the intercourse was consensual?
  • Give reasons for your answer. Cite the relevant case law. Discuss the changes in law which were made after the case?

3. Sheela gets into an argument with Tina in the market. Sheela strikes Tina with her shopping bag. Tina, who is a housewife, gets swelling on her elbow and is unable to cook for a month.

  • What offence Sheela guilty of? Give reasons for your answer.
  • If the argument due to which Sheela struck Tina began because Tina called her a cheap and characterless woman, would the answer be any different?

4. Sachin is playing cricket with his friends in his building compound. Anjali is passing by and Sachin hits the ball deliberately in her direction. The ball goes and hits Anjaliโ€™s dupatta. Anjali gets irritated and calls Sachin a Rascal.

  • What offence, if any, Sachin committed?
  • โ€˜If Anjali merely smiles and throws the ball back, but Anjaliโ€™s mother who is accompanying her is angered and calls the boys good for nothing. Would the answer to sub-question (i) be the same?

5. Bandya sees his neighbour Bina sitting on the beach in a compromising position. He clicks her photo using his cell phone and later on confronts her and shows the picture stating that he will show the picture in her college unless sleeps with him. Bina agrees and they have sexual intercourse.

  • Is Bandya guilty of rape?
  • If Bandya is accompanied by his friend Billu. In above instance and both have sexual intercourse with Bina, would there be any difference in the punishment?

6. Umer board a BEST bus. He stands beside Shakila in the bus and rubs himself against her. He then spits on the Window of the bus. When he gets a seat he digs his pen into seat of the bus and makes holes in the seat. He finds a cheque dropped by a somebody on the seat next to him and pockets it.

  • What are the offences committed by Umer?
  • Cite reasons for your answer.

7. A, B, C, D, and E assemble together in an empty shed for stealing a valkuable painting from Sheilaโ€™s house. B and D bring some simple weapons such as kitchen knife, a hockey stick, etc. However, at the last moment B, C, D, and E get scared and go back home. A, alone enters the house of Sheila and takes the painting. The watchman sees him taking it and tries to stop him. A punches him and runs away with the painting.

  • Are B, C, D, and E guilty of offence? Give reasons for your answer?
  • What offence is A guilty of?

8. M a hooligan standing at a bus stop looks at G a college girl and sings an obscene song. He then stay in the way of her brother, who is forced to go around him to follow G. A man standing on the bus stop objects to his behaviour and there is a big quarrel and they get into a fight thereby scaring everybody at the bus stop. While going away M throws a big stone at the bus stop causing its roof to crack.

  • Has M committed an offence against G under Sec. 354? Give reasons.
  • Name any two offences which M has committed not concerning G?

9. Usma goes to a renowned astrologer Rathore for advice. Rathore tells her she shall achieve outstanding success in her exams if she has intercourse with him on Amavasya Day. Usma willingly concedes. Later on her relatives come to know of the incident and a complaint of Rape is filed against Rathore.

  • Is Rathore guilty of committing rape?
  • Suppose Rathore has given his normal advice. But, since Usma doesnโ€™t have money to pay him, Rathore suggests to her that to have intercourse with him instead of paying charges. Usma reluctantly agrees. Would it amount to rape?

10. Beeru returns home early from work and enters using his house key. He finds his wife in bed having sexual intercourse with his fried Jai. Beeru in a fit of rage, picks up a chair lying nearby and smashes the head of Jai, killing him instantly.

  • What offence Beeru has committed?
  • State with reasons what would the maximum and minimum sentence of punishment that could be given in your answer to sub-question (i)?

11. Gullu who wishes to go to his native place for vacation procure his ticket5. His friend Rahul who had ticket cancels his trip and Gullu travels by a train on Rahulโ€™s ticket. During the journey Gullu finds a mobile phone left behind by somebody and pockets it. At Madgaon station Gullu urinates on the railway platform. At night he tears a part of seat cushion and uses it as a pillow.

  • What are the offences, if any, committed by Gullu?
  • Give reasons for your answers.

12. Jatin enters the house of Mr. Mehra through a bedroom window at 12 midnight. In darkness Jatin ties to open the safe in the bedroom cupboard. Mrs. Mehra in the darkness mistakes Jatin for her husband returning home late for work and invites him over to bed. Jatin has sexual intercourse with Mrs. Mehra in the darkness. After sometime Jatin quietly leaves the house:

  • Is Jatin guilty of Rape?
  • Is Jatin guilty of any other offence?

13. Hansaben aged 66 is married to Kanti aged 70. Hansaben is suffering from terminal cancerand is ion severe [pain . The doctors have stated that she has not many months to live. Hansaben asks Kanti to give poison and end her agony. Kanti thereby gives her poison and she dies.

  • What offence, if any has Kanti committed? What is the maximum and minimum sentence of punishment that can be awarded to Kanti?
  • If Kanti had given poison to Hansaben with his own decision, What would be the offence of Kanti and extent of punishment?

14. Priti is in a grave financial trouble and desperately seeking a job. She goes to office of Madhur who is a film producer and is a casting for small role in his upcoming film. Madhur tells her that he will give her the role in his upcoming film. Madhur tells her that he will give her the role if she sexually intercourse with him. Priti who needs the money urgently out of frustration accepts the offer and is given the role. Subsequently Priti files a case of Rape against Madhur.

  • Will Priti succeed?
  • Would it make any difference if Priti were 15 years of age?

15. Raj, Ram, Viru, Surya, and Mahesh decided to break open a local jewellers shop in order to steal the jewels. The they go to the house of the local blacksmith, Pandu, and putting a gun to his head, brought him to the jewellerโ€™s shop and made him to breack the lock. The neighbours informed the police who come immediately and apprehend them all.

  • What offence would they be liable for?
  • Would Pandu be liable for the same offence?

16. Bandya and Satya two hoolingans come across each other and have an argument. Bandya punches Satya in the stomach. Satya has informed ulcer in his stomach which ruptures due to the punch and causes internal bleeding. He succumbs in the hospital and dies.

  • What offence is Bandya guilty of?
  • If Bandya and Satya were friends and Satya knows about Satyaโ€™s ailment. What would be your answer?

17. Tom incited Dick to urge Harry, who was of unsound mind, to burn down Peterโ€™s house.

  • What offence, if any has Tom committed?
  • What offence, if any, Harry has committed
  • What offence, if any, Dick has committed?

18. Radha was harassed and tortured so much by her husband Ramesh and his father for not bringing enough dowry that one day, within a year of her marriage, she killed herself

  • Can Ramesh be arrested and tried for any offence?
  • Can Rameshโ€™s father be held guilty of any offence?
  • Would Radha have been guilty of any offence if she had survived?

19. Shobha interviewed Mitra for a magazine called โ€œDivaโ€ which was edited by Urmila and printed in Lalwaniโ€™s Press. In the interview Mira stated that Ajit had cheated several poor widows of their money and was not a man to be trusted.

  • What offence, if any, can Ajit prosecute Mira for?
  • How Shobha committed any offence?
  •  How Mira and Lalwani committed any offence?

20. A, B, C, D and E quietly enter the house of Shyamlal and take away valuables lying in the cupboard. They try to make their escape quietly but the watchman sees them and tries to raise alarm. A strikes the watchman on the head with a stick and they make good their escape.

  • State with reasons what offences they have committed?
  • In above cases if A, B, C, D, and E were caught with knives preparing to commit the act but having taken no steps towards it. Would they be guilty of any offence?
  • During trial E was set free of the offence. Would there be any change in the offence committed by A, B, C, and D have committed.