Criminal Law

Himachal Civil Services Judicial
Examination, 2006
Criminal Law Paper  III
Time : Three Hours                                                                                                                                                                                                                                                   Maximum Marks : 200

Note  ;  Answer FIVE Question in all.  Question Nos.  1 and 2 are compulsory.  Answer any three questions from the rest selecting at least one question from each part.  Candidates are required to give reasons in their answers and discuss the relevant case laws and legal provisions at appropriate places.

Q.  1.  (a)  "For every distinct office of which any person is accused there shall be separate charge and every such charge shall be tried separately".  State exceptions to the above rule with the help of suitable examples.
(b)  State briefly the circumstances under which different persons committing different offences may be tried together.
(c)  can A, B and C be tried jointly in the following case  ?  If so, why  ?
A sub-inspector of police while on patrol duty arrests A for selling illicit wine, B for selling stolen property and C for committing theft.
(d)  Where the two accused were separately charged of committing murder in furtherance of a common intention, but in the charge framed against one accused, the name of the other was not mentioned, but the charges were read over to each of the accused in the presence of the other accused.
In view of the above facts of the case, you are required to explain the following :-
(i)     Whether there is an irregularity in the framing of the charge.
(ii)    Is above mistake fatal to the conviction of the other accused.
(e)  Enumerate the provisions relating to search warrant for seizing forfeited publications.  What is the procedure for getting such an order of forfeiture to set aside.
(f)  Can a search warrant be issued under section 97, Cr. P.C. in respect of a minor wife kept by a husband against her wishes  ?  Discuss.
Q.  2.  (a)  Explain constructive liabilities in Penal law with special reference to Section 34 and Section 149 of the Indian Penal Code, 1860.
(b)  Explain different kinds of rights and protections to the accused given in the penal law of our country.
(c)  What offence is committed in the following problems.  Examine with reference to the relevant provisions of the Indian Penal Code.
(i)  'A' a science graduate, uneducated in the matters of surgery, by giving assurance to 'D' that he would cure him by cutting his internal piles, operated 'D' with an ordinary knife due to which 'D' died in unconsciousness.  Prior to the operation of 'D', 'A' had done many operations of similar nature successfully.
(ii)  A, a shopkeeper, says to B, who manages his business, sell nothing to Z unless he pays you ready money because I have no good opinion of his honesty.
(d)  (i)  'A' was fatally attacked by seven named persons.  On evidence, the identity of three of the alleged assailants is found doubtful.  What offence has been committed by the remaining assailants.
(ii)  A person riding on his cycle is detained by his four enemies and is severely beaten by them.  While running away, one of the assailants takes away the victim's bicycle which lay on the spot after the assault.  Are the assailants guilty of committing robbery also  ?
Q.  3.  (a)  Explain in brief the object, scope and main ingredients which are essential to make out an offence under section 138 of the Negotiable Instruments Act, 1881, as amended by the amendment Act 55 of 2002.
(b)  The petitioner (Mr. 'X') issued a cheque on 20.7.1990 in favour of the respondent (Mr. 'Y') as payament for goods supplied.  The cheque was returned unpaid and intimation of dishonor given to petitioner.  The cheque was again presented on 9.2.1991 by the respondent in the bank, but was again returned unpaid.  The respondent (Mr. 'Y') thereafter instituted a complaint against the petitioner (Mr. 'X').  The petitioner filed petition for quashing complaint.
You are required to examine the following with reference to the relevant provisions of N.I. Act :-
(i)    Whether all the ingredients of Section 138 of N.I. Act are satisfied in the above case?
(ii)    Whether the prosecution is maintainable for dishonor of chequeagainst the petitioner (Mr. 'X') ?
(c)  The cheques were issed by M/s.  XYZ ltd. in favour fof the Mr. 'A' as payment for goods supplied at Anantpur, Kurnool, on a bank a Kurnool.  These cheques were presented by Mr. 'A' for collection at a bank in Hyderabad and were dishonoured by the bank at Kurnool.  Mr. A instituted a complaint against the M/s.  XYZ Ltd.  in the appropriate court at Hyderabad.
In view of the above facts, you are required to explain and examine the following with reference to the relevant provisiosn of Cr. P.C.  Under section 179 and under section 138 of the N.I. Act.
(i)    What are the various factors which are to be taken into account for deciding the cause of action relating to offence committed under section 138 of N.I. act, 1881 ?
(ii)    Whether the court at Hyderabad has jurisdiction to try the complaint filed under the above case.
(d)  The appellant and the respondent were the shareholders of M/s. S.B. Pvt. Ltd. and the appellant agreed to transfer his shares standing in the names of his group associates to the respondent.  The payment was to be made by way of eight post-dated cheques of different amounts.  Two cheques dated 15.2.1991 for Rs. 1,50,000/- and another cheque dated 15.5.1991 for Rs. 1,50,000/- were returned by the banks with the endorsement "not arranged for no funds".  The appellant issued notices and having failed to receive payment, filed complaints before the Chief Judicial magistrate at Karnal.  The Magistrate issued summons for appearance of the drawer, which respondent challenged by criminal revision before P and H High Court.  The High Court quashed the proceedings on the short ground that the cheques in dispute being post dated cheques, the provisions of section 138 were not attracted as such no offence was made out.  The payee filed Special Leave petition before the Supreme Court.
In view of the above facts, you are required to explain the following under the provisions of the N.I. Act, 1881.
(i)    The concept of the post-dated cheques and where such cheques become operative in relation to the drawer and drawee.
(ii)    What shall be the decision of the Apex Court of our country.  Whether the appeal will be allowed or the appeal order to be set aside.
Q.  4.  (a)  (i)  what powers may be invested to the Forest officers relating to hold an inquiry into forest offences.
(ii)  Can mr. 'X' (a forest officer) who wants to carry out a trade in timber and other forest produce in or outside the territories to which this Act extends.
Examine the above problem with reference to relevant provisions of the Indian forest Act, 1927.
(b)  (i)  When and under what circumstances the persons are bound to assist Forest-officers and Police-officers as per provisions of the Indian Forest Act, 1927.
(ii)  Mr.  'Z' who is living in a village which is continguous to a forest, refuses to assist the forest-officer relating to extinguish any forest fire in such forest of which he has knowledge or information.
In view of above facts, you are required to examine with reference to the relevant provisions of the Indian Forest Act, 1927.  Can 'Z' be punished and if yes then upto what extent he may be punished.
(c)  (i)  Discuss the powers of forest-officer regarding seizure and release of property, which is liable to confiscation and state also the procedure which is adopted by him relating to forest offence which has been committed by a person in respect of any forest produce, together with all tools, boats, vehicles, or cattle.
(ii)  Mr.  'A' who knowingly counterfeits any timber or standing tree a marked used by Forest officers to indicate that such timber or tree is the property of the Government that it may lawfully be cut or removed by him to cause wrongful gain.
You are required to state with relevant provisions of the Indian Forest Act, 1927 and the Indian Penal Code the meaning of the term 'Wrongful gain' and quantum of punishment which may be given to mr. 'A' for causing the above wrongful gain.
(d)  Discuss the provisions of the Indian Forest Act, 1927 regarding protection of forests for special purpose and the powers of Government to assume management of forest.
Q.  5  (a)  What do you mean by the term 'Forest-produce'.  Can Central Govt. levy a duty on the forest produce or timber either it is produced in the area to which the provisions of the Act are applicable or is brought from the other area to which this Act is not applicable and state also whether any State Government is authorized to levy any duty on higher rates on forest produce or timber of the locality out side the State than that of the similar produce of the State.
(b)  (i)  Can a forest officer arrest a person without warrant  ?  If your answer is in yes then state the grounds on which arrest can be made without warrant and his powers to release on a bond a person arrested.
(ii)  Mr.  'X' is the resident of the Himachal Pradesh.  He commits the following offences in forest of the above State :-
(a)    If Mr.  'X' kindles, keeps or carries any fire except at such seasons as the forest officer may notify in this behalf;
(b)    If Mr.  'X' causes any damage by negligence in felling any tree orcutting or dragging any timber.
Discuss the criminal lilability of mr. 'X' in the above cases with reference to the relevant provisions of the Indian Forest Act, 1927 relating to the quantum of punishment.
(c)     You are required to answer the following questions with reference to the relevant provisions of the Wild life (Protection) Act, 1972
(i)    Whether sanctuary is a place where any member of public has a right to enter or any restriction on entry in sanctuary.
(ii)    Explain the main duties of a person so long as he resides in the sanctuary.
(iii)    Mention the purposes on which permit to entry or residence in a sanctrary be granted.
(d)    Discuss in brief the establishement Constitution of National Board for wild life, its Standing Committee and their functions.
Q.  6.  (a)  Mr. John has committed an offence relating to hunting a lion and cheetah inside the boundary of a wild life sanctuary and later on he was arrested.  Now, he wants to release on bail as to compound his offence.
In the light of the above mentioned facts you are required to state with relevant provisions of the Wild Life Protection Act, 1972 the conditions to apply while granting bail to John and powers of the Chief Wild Life Warden to compound his offence.
(b)  Mr. Brown who contravenes the provisions of the Wild Life (Protection) Act, 1972 relating to the breach of some conditions of licence of dealing in trophy and animal articles.
You are required to state and examine the following with reference to the provisions of the above Act.
(i)    Law relating to the cognizance of offences.
(ii)    Quantum of punishment which may be given to Mr. Brown.
(c)  The State of Himachal Pradesh has issued a Notification and declares its intention to constitute a particular area of the above State as a sanctuary because it considers that such area has much significance for the purpose of protecting and developing wild life.  Based on the above information you are required to answer the following queries with reference to the Wild Life (Protection) Act.
(i)  What are the provisions relating to the acquisition proceeding of land of above area  ?
(ii)  Time limit for completion of ecquisition proceedings.

(d)   State the steps required to be taken with reference to the provisions of the Wild Life (Protection) Act, 1972 for granting the licence relating to manufacture of articles of some animals and also discuss the conditions which are essential for renewal of above licence.

PART  C

Q.  7.  (a)  Discuss the provisions of the Punjab Excise Act 1914 relating to impose duty on exciseable articles and state also the manner in which duty belevied on the above articles.
(b)  Mr.  'A' is manufacturing some type of intoxicant without licensed under this Act.  There is an unlawful cultivation of some plants from where an intoxicating drug can be produced.  The factory of 'A' is situated near the public colony.
In view of above facts, you are required to explain the procedure relating to arrest, searches and powers, duties of excise officers, police and magistrate under the provisions of the Punjab Excise Act (1 of 1914).
(c)  Explain the provisions of sale and manufacture of intoxicants under the Punjab Excise Act (1 of 1914).  Whether there is prohibition and restriction of sale and manufacture of liquor to any person and area in the above Act.
(d)  For effective implementation of the Punjab Excise Act, 1914 and control of excise administration there is a need of powerful machinery.
Explain the above statement with reference to the relevant provisions of the Punjab Excise Act, 1914 the types of authority and their powers.
Q.  8.  (a)  State briefly the law of 'remand' prescribed in Section 167 of the Code of Criminal procedure, 1973.
(b)  A non-bailable offence was committed by mr 'A' and he was arrested.  The accused after arrest, was produced before the Judicial Magistrate by the investigating officer for detention for a period of 14 days in judicial custody but the magistrate on perusal of the contents of F.I.R. was of the opinion that certain provisions of the Indian Penal Code other than those mentioned in F.I.R. were prima facie attracted and passed an order directing for preparation of Jail warrant for detention of applicant under Section 307 I.P.C.  Is the order of the Magistrate according to law and it is interference with the investigation.  Give reasons.
(c)  How are offences of absconding to avoid of summons or other proceeding and preventing services of summons or other proceeding of preventing publication thereof punished.  Explain with reference to the relevant provisions of the Indian Penal Code.
(d)  A truck driver caused an accident with a bullock cart by driving his truck rashly and negligently.  In the accident, one of the bullocks of the cart worth more than Rs. 2000/- is maimed.  Is the truck driver guilty of an offence under Section 429 of the Indian Penal Code also  ?  Give reasons.