Criminal Law

Himachal Pradesh Judicial Services (Junior Division)
Main Examination – 2012
CRIMINAL LAW
Time  : 03 hours                                                                                                                                                                                                                                               Maximum marks  : 200

Note :  Question No. 1 and 2 are compulsory.  Attempt three questions from the rest, selecting at least one question from each part.  In all, five questions are to be attempted.

Write legibly quoting provisions of law and relevant case law.  Each part of question must be answered in sequence in the same continuation.  Give reasons in support of your answer.  Each question carries 40 marks.

Q.  1(a)  A, an English, has a letter of credit upon B, an Indian, for Rs. 10,000/- written by Z another Indian.  A goes back to his country and there in order to defraud B, he adds a cipher in the letter of credit and makes the sum Rs. 1,00,000 intending that it may be believed by B that Z so wrote the letter.  A has committed Forgery.  Can he be prosecuted in India although he is not corporeally present within India  ?  Give reasons.
(ii)  A, a foreigner, resident in a foreign Country, instigates the commission of an offence which, in consequence is committed in Indian territory.  Will A be amenable to the jurisdiction of an Indian Court  ?  What will be the position if the instigation has taken place in India ? Give reasons in support of your answer.
(b)(i)  A entered in B's house with the intention of stealing.  However on seeing B awake he ran back.  B chased him and inflicted a fatal injury on A's back.  Can B pleads self-defence  ?  Give reasons.
(ii)  A ordered B, owner of a Printing Press, to print forms exactly as used by 'C' a coal company.  B gave to A printed forms and A put the forged seal of C's company on the form, but was arrested by the police.  Is A guilty of committing forgery or merely for attempt or not guilty  ?  Give reasons.
(c)(i)  A and B were present in the room at the time when C subjected to the prosecutrix to have sexual intercourse against her wishes and A & B did not try to intervene.  What offence, if any, is committed by A and B  ?  Give reasons.
(ii)  'A' under the influence of passion, excited by a provocation given by Z, intentionally kills Z's younger brother 'Y'.  What offence, if any, has been committed by A and Z  ?  Give reasons in support of your answer.
(d)(i)  A struck on B's head with a wooden rod.  B falls unconscious.  A thought that B is dead and placed B on a wooden pyre and set fire to it.  What offence, if any, has been committed by A  ?  Give Reasons in support of your answer.
(ii)  'X' and 'Y' conspire to poison 'Z'.  'X' in pursuance of the conspiracy procures the poison and delivers it to 'Y' in order that he may administer it to 'Z'.  'Y' in pursuance of the conspiracy, administers the posion, in the presence of 'X' and thereby causes Z's death.  What offences, if any, have been committed by 'X' and 'Y'?  Give reasons in support of your answer.
Q.  2(a)(i)  Distinguish between a 'bailable' and 'non-bailable' case.
(ii)  Explain and illustrate the following:-
(b)(i)  When a search Warrant may be issued by a court  ?  State briefly the procedure also.
(ii)  State briefly the purpose and procedure for taking security from any person for keeping peace under Section 107 of Cr. P.C.
(c)(i)  State briefly the position of "right to maintenance" granted to a wife under Section 125 Cr. P.C.  Can a husband get maintenance from his working wife  ?  Refer to latest case law.
(ii)  What is public nuisance  ?  State briefly the procedure for removal of such nuisance under Section 133 Cr. P.C.
(d)(i)  A complaint alleging commission of offences under Section 498-A and 406 of IPC was filed before Court at place 'M'.  The acts complained of were alleged to have taken place at place 'N'.  Complainant had left here husband's place 'N' and went to place 'M'.  But complaint does not disclose any demand of dowry or commission of any act constituting an offence at place 'M'.  It was pleaded that the offence was continuing offence therefore court at place 'M' has jurisdiction.  Decide, giving reasons and case law in support of your answer.
(ii)  The accused Rajendra jawanmal was charged for committing rape on a girl of tender age of 12 years.  There was evidence showing that though actually rape was not committed accused only attempted to commit rape.  But attempt to commit rape was not separately charged in the charge-sheet.  Has the court power to convict him for attempt to rape ?  Give statutory provisions and case –law in support of your answer.
PART  -  A
Q.  3(a)(i)  Explain and illustrate the meaning of following as under The Punjab Excise Act, 1914:-
a)  'Lahan and Liquor."
b)  'Manufacture.
(ii)  Discuss briefly the powers of 'Review' and "Revision" as vested in Excise Commissioner and Financial Commissioner Under Section 15 of the Punjab Excise Act, 1914.
(b)(i)  The manufacturing of which intoxicants is prohibited, except the licences from the competent authority, under Section 20 of the Punjab Excise Act 1914 ? Discuss.
(ii)  Discuss the powers of the Financial commissioner to regulate the establishement or licensing distilleries and breweries under the Punjab Excise Act, 1914.
(c)(i)  On what grounds the licences, passes or permit can be suspended or cancelled by the granting authority  ?
(ii)  Discuss in brief the powers of an Excise Officer to enter and inspect place of manufacture and sale of intoxicants under Section 45 of the Punjab Excise Act, 1914.
(d)(i)  Discuss briefly the powers of arrest, seizure and detention conferred upon Excise Officer and oters under Section 47 of the Punjab Excise Act, 1914.
(ii)  What is the procedure for taking cognizance of Excise offences by a court under Section 75 of the Punjab Excise Act  ?  Discuss briefly.
Q.  4(a)  Discuss the purpose, utility and punishment under Section 138 of the Negotiable Instruments Act, 1881.
(b)  Write explanatory notes on the following  :-
i)  Dishonour of cheques on ground of insufficiency of funds in the Account.
ii)  Meaning of "debt and other Liability."
iii)  Defence not allowed in any prosecution under Section 138.  Provision under Section 40 of the Negotiable Instruments Act, 1881).
(c)(i)  Write short notes on the following  :-
a)  Provision of "Presumption in favour of Holder" under Section 139 for application of provision of Section 138 of the Negotiable instruments Act, 1881.
b)  Liability of a Company, if the offence under Section 138, is committed by such company (Section 141 of the Negotiable Instruments Act).
(d)(i)  Who can file a criminal complaint in the court under Section 138 of the Negotiable Instruments Act, 1914.
(ii)  State the provisiosn of Section 143 of the Negotiable Instruments Act, 1881 which provide for expeditious justice by the Court in a criminal complaint under Section 138.
PART  -  B
Q.  5(a)(i)  Explain and illustrate the following terms as defined under the Wild Life (Protection) Act 1972:-
(a)  'Animal article' and 'Captive article.'
(b)  Hunting.
(c)  Live Stock.
(d)  Trophy.
(b)  What are the various authorities to be appointed under the Wildlife (Protection) Act, 1972 ? What are their powers?
(c)  Discuss briefly the provisions of Section 17 of the Wildlife (Protection) Act. 1972 dealing with the protection of Specified Plants.
(d)  What is a "National Park" ?  Discuss its purpose and procedure of creation.  What activities are prohibited in a National Park under the provisions of the Wildlife (Protection) Act 1972 ?
Q.  6(a)  Discuss briefly the provisiosn of Section 44 of the Wildlife (Protection) Act, 1972 which prohibits dealings in trophy and animal articles without licence.  Also state the provisions of granting and renewal of licence by the Chief Wildlife Warden.
(b)(i)  State the procedure for the Recognition of Zoos by the Central Zoo Authority as laid down under Section 38 H of the Wildlife (Protection) Act.
(ii)  discuss the power of Central Government to remove a person from the office of Chairperson or Member of Central Zoo Authority.
(c)(i)  State briefly the powers of Competent Authorities of entry, search and detention under Section 50, for committing any offence against the Wildlife Act.
(ii)  On whose complaint the court shall take cognizance of offences against the Wildlife (protection) Act, 1972 ?
(d)(i)  Disucss briefly the power of compounding offences under Section 54 of the Wildlife Act.
(ii)  Discuss briefly the power of the State Government to make rules under the Wildlife (Protection) Act 1972.
Q.  7(a)  Explain and illustrate the following terms defined under the Indian Forest Act, 1927:-
(i)  'Forest Produce."
(ii)  'Reserve Forests."
(iii)  'Tree"
(iv)  'Village Forests."
(b)  Discuss briefly the powers of the State government to make rules to regulate transit of forest produce.
(c)  Discuss the power and procedure for compounding of forest offences under Section 68 of the Indian Forest Act, 1927.
(d)(i)  Who are the persons found to assist Forest officers and Police Officers under Section 79 of the Indian Forest Act, 1927.  What are their duties in this regard  ?
(ii)  Which Acts / Activities under Section 26 of Indian forest Act, 1927 are prohibited in Reserved Forests  ?  What punishment is prescribed for violation  ?
Q.  8(a)(i)  Write a brief note on "Mens-Rea" and 'Rule of Strict Liability" as applicable under I.P.C.
(ii)  explain the concept of White Collar Crimes and Cyber Crimes.
(b)(i)  Extra Territorial Operation of I.P.C.
(ii)  State and Explain 'M' Naghten Rule"
(c)(i)  What if FIR?  What is its evidentiary value  ?
(ii)  Explain the meaning and application of concept of 'Plea Bargaining under Cr. P.C.
(d)(i)  What is the purpose and use of "Anticipatory Bail" under Cr. P.C.
(ii)  Procedure of 'Summary Trial" under the Cr. P.C.