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Page 1: CIVIL JUDGE CADRE

RJS Rajasthan Judicial Services

CIVIL JUDGE CADRE

Rajasthan High Court (HCRAJ)

Law Paper - 2

Volume 2

Page 2: CIVIL JUDGE CADRE

IndexIndexIndexIndex

1. The Indian Penal Code 1860The Indian Penal Code 1860The Indian Penal Code 1860The Indian Penal Code 1860 1111

Chapter IChapter IChapter IChapter I

Chapter IIChapter IIChapter IIChapter II

Chapter IIIChapter IIIChapter IIIChapter III

Chapter IVChapter IVChapter IVChapter IV

Chapter VChapter VChapter VChapter V

Chapter VAChapter VAChapter VAChapter VA

Chapter VIChapter VIChapter VIChapter VI

Chapter VIIChapter VIIChapter VIIChapter VII

Chapter VIIIChapter VIIIChapter VIIIChapter VIII

Chapter IXChapter IXChapter IXChapter IX

Chapter IXChapter IXChapter IXChapter IX----AAAA

Chapter XChapter XChapter XChapter X

Chapter XIChapter XIChapter XIChapter XI

Chapter XIIChapter XIIChapter XIIChapter XII

Chapter XIIIChapter XIIIChapter XIIIChapter XIII

Chapter XVIChapter XVIChapter XVIChapter XVI

Chapter XVChapter XVChapter XVChapter XV

Chapter XIVChapter XIVChapter XIVChapter XIV

Chapter XVIIChapter XVIIChapter XVIIChapter XVII

Chapter XVIIIChapter XVIIIChapter XVIIIChapter XVIII

Chapter XIXChapter XIXChapter XIXChapter XIX

Chapter XXChapter XXChapter XXChapter XX

Chapter XXChapter XXChapter XXChapter XX----AAAA

Chapter XXIChapter XXIChapter XXIChapter XXI

Introduction Introduction Introduction Introduction

General Explanations General Explanations General Explanations General Explanations

Punishments Punishments Punishments Punishments

General ExceptionsGeneral ExceptionsGeneral ExceptionsGeneral Exceptions

Abetment Abetment Abetment Abetment

Criminal Conspiracy Criminal Conspiracy Criminal Conspiracy Criminal Conspiracy

Offences Against the StateOffences Against the StateOffences Against the StateOffences Against the State

Offences Offences Offences Offences Relating to The Army,Relating to The Army,Relating to The Army,Relating to The Army, [Navy and Air Navy and Air Navy and Air Navy and Air

ForceForceForceForce]

Offences Against the Public Tranquility Offences Against the Public Tranquility Offences Against the Public Tranquility Offences Against the Public Tranquility

Offences by Or Relating to Public Servants Offences by Or Relating to Public Servants Offences by Or Relating to Public Servants Offences by Or Relating to Public Servants

To Offences Relating to Elections To Offences Relating to Elections To Offences Relating to Elections To Offences Relating to Elections

ContemptsContemptsContemptsContempts of The Lawful Authority of Public of The Lawful Authority of Public of The Lawful Authority of Public of The Lawful Authority of Public

Servants Servants Servants Servants

False Evidence and Offences Against Public False Evidence and Offences Against Public False Evidence and Offences Against Public False Evidence and Offences Against Public

JusticeJusticeJusticeJustice

Offences Relating to Coin and Government Offences Relating to Coin and Government Offences Relating to Coin and Government Offences Relating to Coin and Government

StampsStampsStampsStamps

Offences Relating to Weights and Measures Offences Relating to Weights and Measures Offences Relating to Weights and Measures Offences Relating to Weights and Measures

Offences Affecting the Public Health, Safety, Offences Affecting the Public Health, Safety, Offences Affecting the Public Health, Safety, Offences Affecting the Public Health, Safety,

Convenience, Decency and Morals Convenience, Decency and Morals Convenience, Decency and Morals Convenience, Decency and Morals

Offences Relating to ReligionOffences Relating to ReligionOffences Relating to ReligionOffences Relating to Religion

Offences Affecting the Human Body of Offences Affecting the Human Body of Offences Affecting the Human Body of Offences Affecting the Human Body of

OffencesOffencesOffencesOffences affecting Life affecting Life affecting Life affecting Life

Offences Against Property of Theft Offences Against Property of Theft Offences Against Property of Theft Offences Against Property of Theft

Offences Relating to Documents and Offences Relating to Documents and Offences Relating to Documents and Offences Relating to Documents and

totototo Property MProperty MProperty MProperty Marks arks arks arks

The Criminal Breach of Contracts of Service The Criminal Breach of Contracts of Service The Criminal Breach of Contracts of Service The Criminal Breach of Contracts of Service

Offences Relating to Marriage Offences Relating to Marriage Offences Relating to Marriage Offences Relating to Marriage

Cruelty by Husband or Relatives of Husband Cruelty by Husband or Relatives of Husband Cruelty by Husband or Relatives of Husband Cruelty by Husband or Relatives of Husband

Defamation Defamation Defamation Defamation

(Section 1(Section 1(Section 1(Section 1----5)5)5)5)

(Section 6(Section 6(Section 6(Section 6----52A)52A)52A)52A)

(Section 53(Section 53(Section 53(Section 53----75)75)75)75)

(Section 76(Section 76(Section 76(Section 76----106)106)106)106)

(Section 107(Section 107(Section 107(Section 107----120)120)120)120)

(Section 120A(Section 120A(Section 120A(Section 120A----120B)120B)120B)120B)

(Section 121(Section 121(Section 121(Section 121----130)130)130)130)

(Section 131(Section 131(Section 131(Section 131----140)140)140)140)

(Section 141(Section 141(Section 141(Section 141----160)160)160)160)

(Section 161(Section 161(Section 161(Section 161----171)171)171)171)

(Section 71A(Section 71A(Section 71A(Section 71A----171I)171I)171I)171I)

(Section 172(Section 172(Section 172(Section 172----190)190)190)190)

(Section 191(Section 191(Section 191(Section 191----229A)229A)229A)229A)

(Section 230(Section 230(Section 230(Section 230----263A)263A)263A)263A)

(Section 264(Section 264(Section 264(Section 264----267)267)267)267)

(Section 268(Section 268(Section 268(Section 268----294A)294A)294A)294A)

(Section 295(Section 295(Section 295(Section 295----298)298)298)298)

(Section 299(Section 299(Section 299(Section 299----377)377)377)377)

(Section 378(Section 378(Section 378(Section 378----462)462)462)462)

(Section 463(Section 463(Section 463(Section 463----489E)489E)489E)489E)

(Section 490(Section 490(Section 490(Section 490----492)492)492)492)

(Section 493(Section 493(Section 493(Section 493----498)498)498)498)

(Section 498A)(Section 498A)(Section 498A)(Section 498A)

(Section 499(Section 499(Section 499(Section 499----502)502)502)502)

Page 3: CIVIL JUDGE CADRE

Chapter XXIIChapter XXIIChapter XXIIChapter XXII

Chapter XXIIIChapter XXIIIChapter XXIIIChapter XXIII

Criminal Intimidation, Insult and AnnoyanceCriminal Intimidation, Insult and AnnoyanceCriminal Intimidation, Insult and AnnoyanceCriminal Intimidation, Insult and Annoyance

Attempts to Commit Offences Attempts to Commit Offences Attempts to Commit Offences Attempts to Commit Offences

(Section 503(Section 503(Section 503(Section 503----510)510)510)510)

(Section 511)(Section 511)(Section 511)(Section 511)

2.2.2.2. The Juvenile Justice (Care and The Juvenile Justice (Care and The Juvenile Justice (Care and The Juvenile Justice (Care and Protection of Protection of Protection of Protection of Children) Act, 2015Children) Act, 2015Children) Act, 2015Children) Act, 2015

107107107107

Chapter IChapter IChapter IChapter I

Chapter IIChapter IIChapter IIChapter II

Chapter IIIChapter IIIChapter IIIChapter III

Chapter IVChapter IVChapter IVChapter IV

Chapter VChapter VChapter VChapter V

Chapter VIChapter VIChapter VIChapter VI

Chapter VIIChapter VIIChapter VIIChapter VII

Chapter VIIIChapter VIIIChapter VIIIChapter VIII

Chapter IXChapter IXChapter IXChapter IX

Chapter XChapter XChapter XChapter X

Preliminary Preliminary Preliminary Preliminary

General Principles of Care and Protection of General Principles of Care and Protection of General Principles of Care and Protection of General Principles of Care and Protection of

Children Children Children Children

Juvenile Justice Board Juvenile Justice Board Juvenile Justice Board Juvenile Justice Board

Procedure in Relation to Children in Conflict with Procedure in Relation to Children in Conflict with Procedure in Relation to Children in Conflict with Procedure in Relation to Children in Conflict with

Law Law Law Law

Child Welfare Committee Child Welfare Committee Child Welfare Committee Child Welfare Committee

Procedure in Relation to Children in Need of Procedure in Relation to Children in Need of Procedure in Relation to Children in Need of Procedure in Relation to Children in Need of

Care and Protection Care and Protection Care and Protection Care and Protection

Rehabilitation and Social ReRehabilitation and Social ReRehabilitation and Social ReRehabilitation and Social Re----IIIIntegration ntegration ntegration ntegration

Adoption Adoption Adoption Adoption

Other Offences Against Children Other Offences Against Children Other Offences Against Children Other Offences Against Children

Miscellaneous Miscellaneous Miscellaneous Miscellaneous

(Section 1(Section 1(Section 1(Section 1----2)2)2)2)

(Section 3)(Section 3)(Section 3)(Section 3)

(Section 4(Section 4(Section 4(Section 4----9)9)9)9)

(Section 10(Section 10(Section 10(Section 10----26)26)26)26)

(Section 27(Section 27(Section 27(Section 27----30)30)30)30)

(Section 31(Section 31(Section 31(Section 31----38)38)38)38)

(Section 39(Section 39(Section 39(Section 39----55)55)55)55)

(Section 56(Section 56(Section 56(Section 56----73)73)73)73)

(Section 74(Section 74(Section 74(Section 74----89)89)89)89)

(Section 90(Section 90(Section 90(Section 90----112)112)112)112)

3.3.3.3. The Probation of The Probation of The Probation of The Probation of Offenders Act, Offenders Act, Offenders Act, Offenders Act, 1958 (Section 11958 (Section 11958 (Section 11958 (Section 1----19)19)19)19)

132132132132

4.4.4.4. The Protection of Women from The Protection of Women from The Protection of Women from The Protection of Women from Domestic Violence Act, 2005Domestic Violence Act, 2005Domestic Violence Act, 2005Domestic Violence Act, 2005

137137137137

Chapter IChapter IChapter IChapter I

Chapter IIChapter IIChapter IIChapter II

Chapter IIIChapter IIIChapter IIIChapter III

Chapter IVChapter IVChapter IVChapter IV

Chapter VChapter VChapter VChapter V

Preliminary Preliminary Preliminary Preliminary

Domestic Violence Domestic Violence Domestic Violence Domestic Violence

Powers And Duties of Protection Officers,Powers And Duties of Protection Officers,Powers And Duties of Protection Officers,Powers And Duties of Protection Officers,

Service Providers, Etc. Service Providers, Etc. Service Providers, Etc. Service Providers, Etc.

Procedure For Obtaining Orders of ReliefsProcedure For Obtaining Orders of ReliefsProcedure For Obtaining Orders of ReliefsProcedure For Obtaining Orders of Reliefs

Miscellaneous Miscellaneous Miscellaneous Miscellaneous

(Section 1(Section 1(Section 1(Section 1----2)2)2)2)

(Section 3)(Section 3)(Section 3)(Section 3)

(Section 4(Section 4(Section 4(Section 4----11)11)11)11)

(Section 12(Section 12(Section 12(Section 12----29)29)29)29)

(Section 30(Section 30(Section 30(Section 30----37)37)37)37)

5.5.5.5. The Negotiable Instruments Act, 1881The Negotiable Instruments Act, 1881The Negotiable Instruments Act, 1881The Negotiable Instruments Act, 1881

144144144144

Chapter Chapter Chapter Chapter XVIIXVIIXVIIXVII Penalties in Case of Dishonour of Certain Penalties in Case of Dishonour of Certain Penalties in Case of Dishonour of Certain Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Cheques for Insufficiency of Funds in the Cheques for Insufficiency of Funds in the Cheques for Insufficiency of Funds in the Accounts Accounts Accounts Accounts

(Section 138(Section 138(Section 138(Section 138----148)148)148)148)

6.6.6.6. The Indecent Representation of The Indecent Representation of The Indecent Representation of The Indecent Representation of Women (Prohibition) Act, 1986 Women (Prohibition) Act, 1986 Women (Prohibition) Act, 1986 Women (Prohibition) Act, 1986 (Section 1(Section 1(Section 1(Section 1----10)10)10)10)

152152152152

Page 4: CIVIL JUDGE CADRE

7.7.7.7. The Sexual Harassment of Women The Sexual Harassment of Women The Sexual Harassment of Women The Sexual Harassment of Women at Workplace at Workplace at Workplace at Workplace (Prevention, Prohibition (Prevention, Prohibition (Prevention, Prohibition (Prevention, Prohibition and Redressal) Act, 2013and Redressal) Act, 2013and Redressal) Act, 2013and Redressal) Act, 2013

157157157157

Chapter 1Chapter 1Chapter 1Chapter 1

Chapter IIChapter IIChapter IIChapter II

Chapter IIIChapter IIIChapter IIIChapter III

Chapter IVChapter IVChapter IVChapter IV

Chapter VChapter VChapter VChapter V

Chapter VIChapter VIChapter VIChapter VI

Chapter VIIChapter VIIChapter VIIChapter VII

Chapter VIIIChapter VIIIChapter VIIIChapter VIII

Preliminary Preliminary Preliminary Preliminary

Constitution Of Internal Complaints CommitteeConstitution Of Internal Complaints CommitteeConstitution Of Internal Complaints CommitteeConstitution Of Internal Complaints Committee

Constitution Of Local Complaints CommitteeConstitution Of Local Complaints CommitteeConstitution Of Local Complaints CommitteeConstitution Of Local Complaints Committee

ComplaintComplaintComplaintComplaint

Inquiry Into ComplaintInquiry Into ComplaintInquiry Into ComplaintInquiry Into Complaint

Duties Of EmployerDuties Of EmployerDuties Of EmployerDuties Of Employer

Duties And Powers of District OfficerDuties And Powers of District OfficerDuties And Powers of District OfficerDuties And Powers of District Officer

MiscellaneousMiscellaneousMiscellaneousMiscellaneous

((((SSSSection 1ection 1ection 1ection 1----3333))))

((((SSSSection 4ection 4ection 4ection 4))))

((((SSSSection 5ection 5ection 5ection 5----8888))))

((((SSSSection 9ection 9ection 9ection 9----11111111))))

((((SSSSection 12ection 12ection 12ection 12----18181818))))

((((SSSSection 19ection 19ection 19ection 19))))

((((SSSSection 20ection 20ection 20ection 20))))

((((SSSSection 21ection 21ection 21ection 21----30303030))))

8.8.8.8. The Protection of Children from The Protection of Children from The Protection of Children from The Protection of Children from Sexual Sexual Sexual Sexual Offences Act, 2012Offences Act, 2012Offences Act, 2012Offences Act, 2012

176176176176

Chapter IChapter IChapter IChapter I

Chapter IIChapter IIChapter IIChapter II

Chapter IIIChapter IIIChapter IIIChapter III

Chapter IVChapter IVChapter IVChapter IV

Chapter VChapter VChapter VChapter V

Chapter VIChapter VIChapter VIChapter VI

Chapter VIIChapter VIIChapter VIIChapter VII

Chapter VIIIChapter VIIIChapter VIIIChapter VIII

Chapter IXChapter IXChapter IXChapter IX

PreliminaryPreliminaryPreliminaryPreliminary

Sexual Offences Against ChildrenSexual Offences Against ChildrenSexual Offences Against ChildrenSexual Offences Against Children

Using Child for Pornographic Purposes and Using Child for Pornographic Purposes and Using Child for Pornographic Purposes and Using Child for Pornographic Purposes and

Punishment ThereforPunishment ThereforPunishment ThereforPunishment Therefor

Abetment of and Abetment of and Abetment of and Abetment of and Attempt to Commit an Attempt to Commit an Attempt to Commit an Attempt to Commit an

OffenceOffenceOffenceOffence

Procedure For Reporting of CasesProcedure For Reporting of CasesProcedure For Reporting of CasesProcedure For Reporting of Cases

Procedures For Recording Statement of The Procedures For Recording Statement of The Procedures For Recording Statement of The Procedures For Recording Statement of The

ChildChildChildChild

Special CourtsSpecial CourtsSpecial CourtsSpecial Courts

Procedure And Powers of Special Courts and Procedure And Powers of Special Courts and Procedure And Powers of Special Courts and Procedure And Powers of Special Courts and

Recording of EvidenceRecording of EvidenceRecording of EvidenceRecording of Evidence

MiscellaneousMiscellaneousMiscellaneousMiscellaneous

((((Section1Section1Section1Section1----2222))))

((((Section 3Section 3Section 3Section 3----10101010))))

((((Section 13Section 13Section 13Section 13----15151515))))

((((Section 16Section 16Section 16Section 16----18181818))))

((((Section 19Section 19Section 19Section 19----23232323))))

((((Section 24Section 24Section 24Section 24----27272727))))

((((Section 28Section 28Section 28Section 28----32323232))))

((((Section 33Section 33Section 33Section 33----38383838))))

((((Section 39Section 39Section 39Section 39----46464646))))

Page 5: CIVIL JUDGE CADRE
Page 6: CIVIL JUDGE CADRE

* AR + MR = OffenceAR + MR = OffenceAR + MR = OffenceAR + MR = Offence (Elements of AR and MR must be clear)(Elements of AR and MR must be clear)(Elements of AR and MR must be clear)(Elements of AR and MR must be clear)

* dkuwuh Hksn

* See TelegramSee TelegramSee TelegramSee Telegram

* No jumping methodNo jumping methodNo jumping methodNo jumping method

* Act no. 45 of 1860.Act no. 45 of 1860.Act no. 45 of 1860.Act no. 45 of 1860.

* Came in force on 1 Came in force on 1 Came in force on 1 Came in force on 1 JanuaryJanuaryJanuaryJanuary, 1860., 1860., 1860., 1860.

* Assent of Governor General 6 October, 1860.Assent of Governor General 6 October, 1860.Assent of Governor General 6 October, 1860.Assent of Governor General 6 October, 1860.

* Divided into 23 chapters and 511 sections.Divided into 23 chapters and 511 sections.Divided into 23 chapters and 511 sections.Divided into 23 chapters and 511 sections.

* Father of IPC Father of IPC Father of IPC Father of IPC – Lord MacaulayLord MacaulayLord MacaulayLord Macaulay

* Other contributions by:Other contributions by:Other contributions by:Other contributions by:

a. Lord Mc. Lorda. Lord Mc. Lorda. Lord Mc. Lorda. Lord Mc. Lord

b. Lord Andersonb. Lord Andersonb. Lord Andersonb. Lord Anderson

c. Lord Milletc. Lord Milletc. Lord Milletc. Lord Millet

Part A Part A Part A Part A Part B Part B Part B Part B Part CPart CPart CPart C

ChChChCh. 1. 1. 1. 1----5A 5A 5A 5A Ch. 6Ch. 6Ch. 6Ch. 6----15 15 15 15 Ch. 16Ch. 16Ch. 16Ch. 16----23232323

[1111----120B120B120B120B] [121121121121----298298298298] [299299299299----511511511511]

* Ch. 1Ch. 1Ch. 1Ch. 1

[1111----5555] PreliminaryPreliminaryPreliminaryPreliminary

* Ch. 2Ch. 2Ch. 2Ch. 2

[6666----52A52A52A52A] ExplanationsExplanationsExplanationsExplanations

1

Page 7: CIVIL JUDGE CADRE

* Ch. 3Ch. 3Ch. 3Ch. 3

[53535353----75757575] PunishmentsPunishmentsPunishmentsPunishments

* Ch. 4Ch. 4Ch. 4Ch. 4

[76767676----106106106106] ExceptionsExceptionsExceptionsExceptions

* Ch. 5Ch. 5Ch. 5Ch. 5

[107107107107----120120120120] AbetmentAbetmentAbetmentAbetment

* Ch. 5ACh. 5ACh. 5ACh. 5A

[120A120A120A120A----120B120B120B120B] Criminal ConspiracyCriminal ConspiracyCriminal ConspiracyCriminal Conspiracy

* Ch. 16Ch. 16Ch. 16Ch. 16

BodyBodyBodyBody

[299299299299----377377377377]

* Ch. 17Ch. 17Ch. 17Ch. 17

PropertyPropertyPropertyProperty

[378378378378----462462462462]

* Ch. 18Ch. 18Ch. 18Ch. 18

DocumentDocumentDocumentDocument

[463463463463----489E489E489E489E]

* Ch. 19Ch. 19Ch. 19Ch. 19

Breach of contract of surviveBreach of contract of surviveBreach of contract of surviveBreach of contract of survive

[490490490490----492492492492]

* Ch. 20Ch. 20Ch. 20Ch. 20

MarriageMarriageMarriageMarriage

[493493493493----498498498498]

2

Page 8: CIVIL JUDGE CADRE

* Ch. 20ACh. 20ACh. 20ACh. 20A

CrueltyCrueltyCrueltyCruelty

[498A498A498A498A]

* Ch. 21Ch. 21Ch. 21Ch. 21

DefamationDefamationDefamationDefamation

[499499499499----502502502502]

* Ch. 22Ch. 22Ch. 22Ch. 22

Intimidation, Insult and AnnoyanceIntimidation, Insult and AnnoyanceIntimidation, Insult and AnnoyanceIntimidation, Insult and Annoyance

[503503503503----510510510510]

* Ch. 23Ch. 23Ch. 23Ch. 23

Attempt to commit offencesAttempt to commit offencesAttempt to commit offencesAttempt to commit offences

[511511511511]

* Ch. 6ACh. 6ACh. 6ACh. 6A

Offences against the stateOffences against the stateOffences against the stateOffences against the state

[121121121121----130130130130]

* Ch. 7Ch. 7Ch. 7Ch. 7

Offences relating to army, navy, air forceOffences relating to army, navy, air forceOffences relating to army, navy, air forceOffences relating to army, navy, air force

[131131131131----140140140140]

* Ch. 8Ch. 8Ch. 8Ch. 8

Offences Offences Offences Offences against the public tranquilityagainst the public tranquilityagainst the public tranquilityagainst the public tranquility

[141141141141----160160160160]

* Ch. 9Ch. 9Ch. 9Ch. 9

Offence by or related to public servantOffence by or related to public servantOffence by or related to public servantOffence by or related to public servant

[161161161161----171171171171]

* Ch. 9ACh. 9ACh. 9ACh. 9A

Offence relating to electionsOffence relating to electionsOffence relating to electionsOffence relating to elections

[171A171A171A171A----171I171I171I171I]

3

Page 9: CIVIL JUDGE CADRE

* Ch. 10Ch. 10Ch. 10Ch. 10

Contempt of the lawful authority of public servantsContempt of the lawful authority of public servantsContempt of the lawful authority of public servantsContempt of the lawful authority of public servants

[172172172172----190190190190]

* Ch. 11Ch. 11Ch. 11Ch. 11

False residence and offence False residence and offence False residence and offence False residence and offence against public justiceagainst public justiceagainst public justiceagainst public justice

[191191191191----229A229A229A229A]

* Ch. 12Ch. 12Ch. 12Ch. 12

Offences relating to coin and goot stampsOffences relating to coin and goot stampsOffences relating to coin and goot stampsOffences relating to coin and goot stamps

[230230230230----263A263A263A263A]

* Ch. 13Ch. 13Ch. 13Ch. 13

Offences relating to weights and measuresOffences relating to weights and measuresOffences relating to weights and measuresOffences relating to weights and measures

[264264264264----267267267267]

* Ch. 14Ch. 14Ch. 14Ch. 14

Offences affecting the public health, safety, convenience, decency and moralsOffences affecting the public health, safety, convenience, decency and moralsOffences affecting the public health, safety, convenience, decency and moralsOffences affecting the public health, safety, convenience, decency and morals

[268268268268----294A294A294A294A]

* Ch. 15Ch. 15Ch. 15Ch. 15

Offences relating to ReligionOffences relating to ReligionOffences relating to ReligionOffences relating to Religion

[295295295295----298298298298]

Ques. What are the various theories of punishment of crime?Ques. What are the various theories of punishment of crime?Ques. What are the various theories of punishment of crime?Ques. What are the various theories of punishment of crime?

Ans. Ans. Ans. Ans. PetributivePetributivePetributivePetributive [Eye for an eyeEye for an eyeEye for an eyeEye for an eye]

ExpiatoryExpiatoryExpiatoryExpiatory [PenancePenancePenancePenance]

DeterentDeterentDeterentDeterent [FearFearFearFear]

PreventivePreventivePreventivePreventive [Before offence preventBefore offence preventBefore offence preventBefore offence prevent]

PerfPerfPerfPerformativeormativeormativeormative [Hate the crime not the offenderHate the crime not the offenderHate the crime not the offenderHate the crime not the offender]

All have their own relevance. In my opinion, All have their own relevance. In my opinion, All have their own relevance. In my opinion, All have their own relevance. In my opinion, [any of the above and then give any of the above and then give any of the above and then give any of the above and then give

explanation for thatexplanation for thatexplanation for thatexplanation for that]....

* Coke “Actus non fait reum nise mens sit rea”Coke “Actus non fait reum nise mens sit rea”Coke “Actus non fait reum nise mens sit rea”Coke “Actus non fait reum nise mens sit rea”

[AR + MR = OffenceAR + MR = OffenceAR + MR = OffenceAR + MR = Offence]

4

Page 10: CIVIL JUDGE CADRE

This Latin maximumThis Latin maximumThis Latin maximumThis Latin maximum means offence shall only be constituted means offence shall only be constituted means offence shall only be constituted means offence shall only be constituted when along with when along with when along with when along with

guilty act there is also guilty mind.guilty act there is also guilty mind.guilty act there is also guilty mind.guilty act there is also guilty mind.

* Actus rea = Any act prohibited by lawActus rea = Any act prohibited by lawActus rea = Any act prohibited by lawActus rea = Any act prohibited by law

Mean rea = Guilty mindMean rea = Guilty mindMean rea = Guilty mindMean rea = Guilty mind

* Fowler Les PadgetFowler Les PadgetFowler Les PadgetFowler Les Padget

C.J. Kenyon said, for offence intention and act both must concur.C.J. Kenyon said, for offence intention and act both must concur.C.J. Kenyon said, for offence intention and act both must concur.C.J. Kenyon said, for offence intention and act both must concur.

This principleThis principleThis principleThis principle is the fundamental principle of criminal liability. is the fundamental principle of criminal liability. is the fundamental principle of criminal liability. is the fundamental principle of criminal liability.

R Les KhanduR Les KhanduR Les KhanduR Les Khandu

AR = Hit by stick AR = Hit by stick AR = Hit by stick AR = Hit by stick [Not deadNot deadNot deadNot dead] MR = Cause disappearance evidenceMR = Cause disappearance evidenceMR = Cause disappearance evidenceMR = Cause disappearance evidence

O = MR = MO = MR = MO = MR = MO = MR = Murder not urder not urder not urder not AR = MurderAR = MurderAR = MurderAR = Murder

AR + MR = OAR + MR = OAR + MR = OAR + MR = O

Murder + Murder = Murder Murder + Murder = Murder Murder + Murder = Murder Murder + Murder = Murder

Ques. The question was whether seen as a whole or divided in stages?Ques. The question was whether seen as a whole or divided in stages?Ques. The question was whether seen as a whole or divided in stages?Ques. The question was whether seen as a whole or divided in stages?

* R Les ShortyR Les ShortyR Les ShortyR Les Shorty

AR = GrAR = GrAR = GrAR = Greviouseviouseviousevious hurt MR = Murderhurt MR = Murderhurt MR = Murderhurt MR = Murder

O = MR = Murder Not O = MR = Murder Not O = MR = Murder Not O = MR = Murder Not AR = Remove EvidenceAR = Remove EvidenceAR = Remove EvidenceAR = Remove Evidence

Ques. The same question was raised?Ques. The same question was raised?Ques. The same question was raised?Ques. The same question was raised?

* In both cases accused got benefit. In both cases accused got benefit. In both cases accused got benefit. In both cases accused got benefit.

* Melic Les RMelic Les RMelic Les RMelic Les R

No benefit was given.No benefit was given.No benefit was given.No benefit was given.

* It seems in matter of melic, the above cases were not cited.It seems in matter of melic, the above cases were not cited.It seems in matter of melic, the above cases were not cited.It seems in matter of melic, the above cases were not cited.

* W/e offencW/e offencW/e offencW/e offences can be divided intes can be divided intes can be divided intes can be divided int stages accused must be given benefit.stages accused must be given benefit.stages accused must be given benefit.stages accused must be given benefit.

* Duty of prosecution to prove beyond reasonable doubt.Duty of prosecution to prove beyond reasonable doubt.Duty of prosecution to prove beyond reasonable doubt.Duty of prosecution to prove beyond reasonable doubt.

* Judges can be of various nature will not give benefit i.e., where of strict nature Judges can be of various nature will not give benefit i.e., where of strict nature Judges can be of various nature will not give benefit i.e., where of strict nature Judges can be of various nature will not give benefit i.e., where of strict nature

will not give benefit but where liberal judge there divide will not give benefit but where liberal judge there divide will not give benefit but where liberal judge there divide will not give benefit but where liberal judge there divide the offence in stages the offence in stages the offence in stages the offence in stages

and give benefit. and give benefit. and give benefit. and give benefit.

5

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AR + MR = O AR + MR = O AR + MR = O AR + MR = O [OffenceOffenceOffenceOffence] AR + MR = O AR + MR = O AR + MR = O AR + MR = O AR + MR = OAR + MR = OAR + MR = OAR + MR = O

If MR is O, AR If MR is O, AR If MR is O, AR If MR is O, AR = Offence = Offence = Offence = Offence AR = OAR = OAR = OAR = O

Actus Rea is suffiActus Rea is suffiActus Rea is suffiActus Rea is sufficient cient cient cient Therefore, MR = OffenceTherefore, MR = OffenceTherefore, MR = OffenceTherefore, MR = Offence

EgEgEgEg. Sex before 18 . Sex before 18 . Sex before 18 . Sex before 18

Mens Rea is sufficientMens Rea is sufficientMens Rea is sufficientMens Rea is sufficient

Eg. Sec 120 AEg. Sec 120 AEg. Sec 120 AEg. Sec 120 A----BBBB

According to Kemy Actus Rea is of six types:According to Kemy Actus Rea is of six types:According to Kemy Actus Rea is of six types:According to Kemy Actus Rea is of six types:

1. No physical participation required1. No physical participation required1. No physical participation required1. No physical participation required

2. Participation is indirect.2. Participation is indirect.2. Participation is indirect.2. Participation is indirect.

3. 3. 3. 3. Interference of Interference of Interference of Interference of anotheranotheranotheranother person.person.person.person.

4. Vic4. Vic4. Vic4. Victims own conduct.tims own conduct.tims own conduct.tims own conduct.

5. Contributory negligent.5. Contributory negligent.5. Contributory negligent.5. Contributory negligent.

6. Such participation which was superfluous.6. Such participation which was superfluous.6. Such participation which was superfluous.6. Such participation which was superfluous.

Ques. Whether merely on grounds of Actus Rea, person can be convicted Ques. Whether merely on grounds of Actus Rea, person can be convicted Ques. Whether merely on grounds of Actus Rea, person can be convicted Ques. Whether merely on grounds of Actus Rea, person can be convicted

or not? or not? or not? or not? [AR = OffenceAR = OffenceAR = OffenceAR = Offence] Ans. Ans. Ans. Ans.

* W/e there is a strict liability W/e there is a strict liability W/e there is a strict liability W/e there is a strict liability [Sec. 292 of IPCSec. 292 of IPCSec. 292 of IPCSec. 292 of IPC]

* Socio economic offence. Eg. Currency mote.Socio economic offence. Eg. Currency mote.Socio economic offence. Eg. Currency mote.Socio economic offence. Eg. Currency mote.

* W/e offence is MateW/e offence is MateW/e offence is MateW/e offence is Mate----inininin----Se.Se.Se.Se.

* W/e matter of public nuisance.W/e matter of public nuisance.W/e matter of public nuisance.W/e matter of public nuisance.

* W/e defamation.W/e defamation.W/e defamation.W/e defamation.

1. Male1. Male1. Male1. Male----inininin----Se Se Se Se – act itself is offence. act itself is offence. act itself is offence. act itself is offence.

No benefit of mistake of fact. No benefit of mistake of fact. No benefit of mistake of fact. No benefit of mistake of fact.

Eg. Eg. Eg. Eg. Kidnapping R Les Prince Kidnapping R Les Prince Kidnapping R Les Prince Kidnapping R Les Prince

[AgAgAgAge of gire of gire of gire of girl below 18, then l below 18, then l below 18, then l below 18, then punishablepunishablepunishablepunishable]....

2. Male Prohibita 2. Male Prohibita 2. Male Prohibita 2. Male Prohibita – Act not offence but prohibited by state. There can be mistake Act not offence but prohibited by state. There can be mistake Act not offence but prohibited by state. There can be mistake Act not offence but prohibited by state. There can be mistake

of act. of act. of act. of act.

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In India it is found in 3 In India it is found in 3 In India it is found in 3 In India it is found in 3 mannersmannersmannersmanners::::

1.1.1.1. Positive (+ve)Positive (+ve)Positive (+ve)Positive (+ve)

In IPC, few words are used, i.e., Intention, good faith, negligence, rashness, In IPC, few words are used, i.e., Intention, good faith, negligence, rashness, In IPC, few words are used, i.e., Intention, good faith, negligence, rashness, In IPC, few words are used, i.e., Intention, good faith, negligence, rashness, etc.etc.etc.etc.

by which criminal mind is made out negatively. by which criminal mind is made out negatively. by which criminal mind is made out negatively. by which criminal mind is made out negatively.

2.2.2.2. Negative (Negative (Negative (Negative (----ve)ve)ve)ve)

In Ch. 4 of IPC, In Ch. 4 of IPC, In Ch. 4 of IPC, In Ch. 4 of IPC, theretheretherethere are general exceptions where no mens rea is considered. are general exceptions where no mens rea is considered. are general exceptions where no mens rea is considered. are general exceptions where no mens rea is considered.

Eg. Murder by Eg. Murder by Eg. Murder by Eg. Murder by 4444----yearyearyearyear infant. infant. infant. infant.

3.3.3.3. Strict liabilityStrict liabilityStrict liabilityStrict liability

Act itself is offence, no mens rea is required.Act itself is offence, no mens rea is required.Act itself is offence, no mens rea is required.Act itself is offence, no mens rea is required.

Ques. Ques. Ques. Ques. Whether there is any condition, where on bases of mens rea person can be Whether there is any condition, where on bases of mens rea person can be Whether there is any condition, where on bases of mens rea person can be Whether there is any condition, where on bases of mens rea person can be

convicted?convicted?convicted?convicted?

Ans. Ans. Ans. Ans. Yes, refer Sec. 120A, B of IPC.Yes, refer Sec. 120A, B of IPC.Yes, refer Sec. 120A, B of IPC.Yes, refer Sec. 120A, B of IPC.

Eg. A and B go to railway station to murder C. But C doesn’Eg. A and B go to railway station to murder C. But C doesn’Eg. A and B go to railway station to murder C. But C doesn’Eg. A and B go to railway station to murder C. But C doesn’t t t t appear. Whether appear. Whether appear. Whether appear. Whether

A A A A and B convicted any offence. and B convicted any offence. and B convicted any offence. and B convicted any offence. Yes. of Criminal Yes. of Criminal Yes. of Criminal Yes. of Criminal conspiracy to commit offence. conspiracy to commit offence. conspiracy to commit offence. conspiracy to commit offence.

Ques. What are the various stages of offence?Ques. What are the various stages of offence?Ques. What are the various stages of offence?Ques. What are the various stages of offence?

Ans. Ans. Ans. Ans. Generally,Generally,Generally,Generally, No Punishment except No Punishment except No Punishment except No Punishment except

Mental stageMental stageMental stageMental stage

↓↓↓↓

PreparationPreparationPreparationPreparation

↓↓↓↓

AttemptAttemptAttemptAttempt

↓↓↓↓

OffenceOffenceOffenceOffence

1. 1. 1. 1. : : : : It is primarily shown as mental stage. It is primarily shown as mental stage. It is primarily shown as mental stage. It is primarily shown as mental stage.

It is not punishable exceIt is not punishable exceIt is not punishable exceIt is not punishable except Sec. 12pt Sec. 12pt Sec. 12pt Sec. 120 A/B i.e., Criminal 0 A/B i.e., Criminal 0 A/B i.e., Criminal 0 A/B i.e., Criminal Conspiracy. Conspiracy. Conspiracy. Conspiracy.

2. 2. 2. 2. : : : : Generally, preparations is not punishable under IPC, likeGenerally, preparations is not punishable under IPC, likeGenerally, preparations is not punishable under IPC, likeGenerally, preparations is not punishable under IPC, like following following following following

sections,sections,sections,sections,

122: Collecting arms122: Collecting arms122: Collecting arms122: Collecting arms

126: 126: 126: 126: CommittingCommittingCommittingCommitting depredationsdepredationsdepredationsdepredations

399: Making preparations to commit 399: Making preparations to commit 399: Making preparations to commit 399: Making preparations to commit

233:233:233:233:

234:234:234:234:

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235:235:235:235:

242:242:242:242:

243:243:243:243:

259:259:259:259:

266:266:266:266:

256:256:256:256:

257:257:257:257:

472:472:472:472:

473:473:473:473:

474:474:474:474:

475:475:475:475:

476:476:476:476:

485:485:485:485:

486:486:486:486:

489C:489C:489C:489C:

489D:489D:489D:489D:

3. 3. 3. 3. : W/e any person does any act towards offence but expected result : W/e any person does any act towards offence but expected result : W/e any person does any act towards offence but expected result : W/e any person does any act towards offence but expected result don’t don’t don’t don’t

occur and it becomes unsuccoccur and it becomes unsuccoccur and it becomes unsuccoccur and it becomes unsuccessful theessful theessful theessful then it is n it is n it is n it is called attempt. called attempt. called attempt. called attempt.

* This is the last proximate act to commit offence. This is the last proximate act to commit offence. This is the last proximate act to commit offence. This is the last proximate act to commit offence.

* State of Maha. Vs Mohd. Yakub.State of Maha. Vs Mohd. Yakub.State of Maha. Vs Mohd. Yakub.State of Maha. Vs Mohd. Yakub.

* Abhayanand Mishra Vs State of Bihar where false document/false statement Abhayanand Mishra Vs State of Bihar where false document/false statement Abhayanand Mishra Vs State of Bihar where false document/false statement Abhayanand Mishra Vs State of Bihar where false document/false statement

then person shall be liable for attempt. Sec. 415, 420/511.then person shall be liable for attempt. Sec. 415, 420/511.then person shall be liable for attempt. Sec. 415, 420/511.then person shall be liable for attempt. Sec. 415, 420/511.

4. 4. 4. 4. : When attempt is completed, it becomes offence. : When attempt is completed, it becomes offence. : When attempt is completed, it becomes offence. : When attempt is completed, it becomes offence.

1. Possible attempt:1. Possible attempt:1. Possible attempt:1. Possible attempt:

2. Impossible attempt:2. Impossible attempt:2. Impossible attempt:2. Impossible attempt:

* Body person shoot on doll, statue even if hit on statue then also not liable Body person shoot on doll, statue even if hit on statue then also not liable Body person shoot on doll, statue even if hit on statue then also not liable Body person shoot on doll, statue even if hit on statue then also not liable

for murder, i.e., W/e matter is offences related to body because ifor murder, i.e., W/e matter is offences related to body because ifor murder, i.e., W/e matter is offences related to body because ifor murder, i.e., W/e matter is offences related to body because it t t t dependsdependsdependsdepends

on result so person not liable. on result so person not liable. on result so person not liable. on result so person not liable.

* Property W/e matter of property there, person shall be liable Property W/e matter of property there, person shall be liable Property W/e matter of property there, person shall be liable Property W/e matter of property there, person shall be liable [pickpickpickpick----pocketerpocketerpocketerpocketer----

pocketpocketpocketpocket----emptyemptyemptyempty] then also liable because use in matter of property, valuation in then also liable because use in matter of property, valuation in then also liable because use in matter of property, valuation in then also liable because use in matter of property, valuation in

not essential. not essential. not essential. not essential.

* Both the illustrations of Sec. 511 are inBoth the illustrations of Sec. 511 are inBoth the illustrations of Sec. 511 are inBoth the illustrations of Sec. 511 are inspired by Res.spired by Res.spired by Res.spired by Res.

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Ques. A person open box Ques. A person open box Ques. A person open box Ques. A person open box – found nothingfound nothingfound nothingfound nothing---- got emotional got emotional got emotional got emotional – left Rs. 100. Is he liable?left Rs. 100. Is he liable?left Rs. 100. Is he liable?left Rs. 100. Is he liable?

Sol. Sol. Sol. Sol. Yes, for attempt.Yes, for attempt.Yes, for attempt.Yes, for attempt.

* Attempt + Offence in the same sec. Eg. Sec. 124AAttempt + Offence in the same sec. Eg. Sec. 124AAttempt + Offence in the same sec. Eg. Sec. 124AAttempt + Offence in the same sec. Eg. Sec. 124A

* Attempt + Offence in different section but nearly. Eg. 202, 307Attempt + Offence in different section but nearly. Eg. 202, 307Attempt + Offence in different section but nearly. Eg. 202, 307Attempt + Offence in different section but nearly. Eg. 202, 307

* Only attempt is punishable not Offence. Eg. 309. Only attempt is punishable not Offence. Eg. 309. Only attempt is punishable not Offence. Eg. 309. Only attempt is punishable not Offence. Eg. 309.

Presently no punishment, Person shall be dealt in Sec. 511. Personal mental Presently no punishment, Person shall be dealt in Sec. 511. Personal mental Presently no punishment, Person shall be dealt in Sec. 511. Personal mental Presently no punishment, Person shall be dealt in Sec. 511. Personal mental

health act will be applicable. health act will be applicable. health act will be applicable. health act will be applicable.

* W/e there is no punishment, there sec. 511 will apply.W/e there is no punishment, there sec. 511 will apply.W/e there is no punishment, there sec. 511 will apply.W/e there is no punishment, there sec. 511 will apply.

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* W/e any W/e any W/e any W/e any person attempts or causes commission of offence punishable by life person attempts or causes commission of offence punishable by life person attempts or causes commission of offence punishable by life person attempts or causes commission of offence punishable by life

imprisonment or imprisonment imprisonment or imprisonment imprisonment or imprisonment imprisonment or imprisonment [Death/fine not includedDeath/fine not includedDeath/fine not includedDeath/fine not included]....

* Does nay act towards commission of offence.Does nay act towards commission of offence.Does nay act towards commission of offence.Does nay act towards commission of offence.

* No expressed provision.No expressed provision.No expressed provision.No expressed provision.

* Then following LI/2, I/2 Then following LI/2, I/2 Then following LI/2, I/2 Then following LI/2, I/2

Fine always taken full.Fine always taken full.Fine always taken full.Fine always taken full.

LI = Whole lifeLI = Whole lifeLI = Whole lifeLI = Whole life

* W/e there is commutation of offence there 14 yrs W/e there is commutation of offence there 14 yrs W/e there is commutation of offence there 14 yrs W/e there is commutation of offence there 14 yrs [Sec. 55Sec. 55Sec. 55Sec. 55]....

* W/e LI is to be calculated in fractions. W/e LI is to be calculated in fractions. W/e LI is to be calculated in fractions. W/e LI is to be calculated in fractions.

* Therefore, In Section 511, LI/2 = 10yrs. Therefore, In Section 511, LI/2 = 10yrs. Therefore, In Section 511, LI/2 = 10yrs. Therefore, In Section 511, LI/2 = 10yrs.

* Koppula Venkat Rao Vs State of AP. In this case, SC Supreme Court had Koppula Venkat Rao Vs State of AP. In this case, SC Supreme Court had Koppula Venkat Rao Vs State of AP. In this case, SC Supreme Court had Koppula Venkat Rao Vs State of AP. In this case, SC Supreme Court had

differentiated prepration from attempt.differentiated prepration from attempt.differentiated prepration from attempt.differentiated prepration from attempt.

* Vasudev Balwant Gogte Vs Emperor. In this case Section 307 and 511 been Vasudev Balwant Gogte Vs Emperor. In this case Section 307 and 511 been Vasudev Balwant Gogte Vs Emperor. In this case Section 307 and 511 been Vasudev Balwant Gogte Vs Emperor. In this case Section 307 and 511 been

differentiated. differentiated. differentiated. differentiated.

* Cassidy Vs Emperor Cassidy Vs Emperor Cassidy Vs Emperor Cassidy Vs Emperor

Same as the above. Same as the above. Same as the above. Same as the above.

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Ques.Ques.Ques.Ques. What do you understand by Jurisdiction?What do you understand by Jurisdiction?What do you understand by Jurisdiction?What do you understand by Jurisdiction?

AnAnAnAns. s. s. s.

IPC not apply IPC not apply IPC not apply IPC not apply IPC applyIPC applyIPC applyIPC apply

[1,1,1,1, 5555] [2,2,2,2, 3,3,3,3, 4444]

Territorial Extra terriTerritorial Extra terriTerritorial Extra terriTerritorial Extra territorialtorialtorialtorial

[2222] [3,43,43,43,4]

Apply to whole India Apply to whole India Apply to whole India Apply to whole India [precursoly not applied to J & K but more applicable by J & K precursoly not applied to J & K but more applicable by J & K precursoly not applied to J & K but more applicable by J & K precursoly not applied to J & K but more applicable by J & K

reorganization act, 2019reorganization act, 2019reorganization act, 2019reorganization act, 2019]....

Not apply on following:Not apply on following:Not apply on following:Not apply on following:

(a) Not apply on mutiny or desertion of soldiers. (a) Not apply on mutiny or desertion of soldiers. (a) Not apply on mutiny or desertion of soldiers. (a) Not apply on mutiny or desertion of soldiers.

(b) Any special law (b) Any special law (b) Any special law (b) Any special law or local law.or local law.or local law.or local law.

Chandi Prasad Vs Abdul RehmanChandi Prasad Vs Abdul RehmanChandi Prasad Vs Abdul RehmanChandi Prasad Vs Abdul Rehman. W/e any special law is complete then no jurisdiction . W/e any special law is complete then no jurisdiction . W/e any special law is complete then no jurisdiction . W/e any special law is complete then no jurisdiction

of IPC. of IPC. of IPC. of IPC.

Every person shall be liable for punishment under the code for any act or omission Every person shall be liable for punishment under the code for any act or omission Every person shall be liable for punishment under the code for any act or omission Every person shall be liable for punishment under the code for any act or omission

contrary to the processions shall be guilty within India. contrary to the processions shall be guilty within India. contrary to the processions shall be guilty within India. contrary to the processions shall be guilty within India.

India = Air, land, waterIndia = Air, land, waterIndia = Air, land, waterIndia = Air, land, water

It includes territorial water It includes territorial water It includes territorial water It includes territorial water [12NM12NM12NM12NM] contagiouscontagiouscontagiouscontagious zone zone zone zone [24NM24NM24NM24NM] Fishing exclusive economic Fishing exclusive economic Fishing exclusive economic Fishing exclusive economic

zone zone zone zone [200NM200NM200NM200NM] research. research. research. research.

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NM = Notical miles NM = Notical miles NM = Notical miles NM = Notical miles [1.852Km1.852Km1.852Km1.852Km]

Every person: shall be liable for punishment under the act except,Every person: shall be liable for punishment under the act except,Every person: shall be liable for punishment under the act except,Every person: shall be liable for punishment under the act except,

(a) President(a) President(a) President(a) President

(b) Governor(b) Governor(b) Governor(b) Governor

(c) Foreign Sovereign(c) Foreign Sovereign(c) Foreign Sovereign(c) Foreign Sovereign

(d) Ambassador(d) Ambassador(d) Ambassador(d) Ambassador

(e) Alien Enemy(e) Alien Enemy(e) Alien Enemy(e) Alien Enemy

(f) Foreign army(f) Foreign army(f) Foreign army(f) Foreign army

(g) Warship (g) Warship (g) Warship (g) Warship

Ques. A foreigner comeQues. A foreigner comeQues. A foreigner comeQues. A foreigner comes to India and commit murder in India, Whether liable?s to India and commit murder in India, Whether liable?s to India and commit murder in India, Whether liable?s to India and commit murder in India, Whether liable?

Ans. Ans. Ans. Ans. YesYesYesYes

* Mubarik Ali Vs State of BombayMubarik Ali Vs State of BombayMubarik Ali Vs State of BombayMubarik Ali Vs State of Bombay

One person commissiored agent, he committed cheating by letters and he One person commissiored agent, he committed cheating by letters and he One person commissiored agent, he committed cheating by letters and he One person commissiored agent, he committed cheating by letters and he

was held liable for cheating in India. was held liable for cheating in India. was held liable for cheating in India. was held liable for cheating in India.

* Mayor Hans George Vs State Mayor Hans George Vs State Mayor Hans George Vs State Mayor Hans George Vs State

A plane was going stopped in India, gold was conphiscated liable in India. A plane was going stopped in India, gold was conphiscated liable in India. A plane was going stopped in India, gold was conphiscated liable in India. A plane was going stopped in India, gold was conphiscated liable in India.

Where ant person is liable Under Where ant person is liable Under Where ant person is liable Under Where ant person is liable Under Indian law and offence committed out of India/beyond Indian law and offence committed out of India/beyond Indian law and offence committed out of India/beyond Indian law and offence committed out of India/beyond

India.India.India.India.

Then act committed as if dine within India.Then act committed as if dine within India.Then act committed as if dine within India.Then act committed as if dine within India.

Eg. Eg. Eg. Eg. Grey Chhappal Grey Chhappal Grey Chhappal Grey Chhappal →→→→ Dubai Dubai Dubai Dubai →→→→ CheatingCheatingCheatingCheating

W/e offence is committed by citizen of India W/e offence is committed by citizen of India W/e offence is committed by citizen of India W/e offence is committed by citizen of India [without/beyond Indiawithout/beyond Indiawithout/beyond Indiawithout/beyond India] On any ship or aircraft registered in India.On any ship or aircraft registered in India.On any ship or aircraft registered in India.On any ship or aircraft registered in India.

In any computer resource which is located in India by an outsider.In any computer resource which is located in India by an outsider.In any computer resource which is located in India by an outsider.In any computer resource which is located in India by an outsider.

Mohd. Sajeed Vs State of KeralaMohd. Sajeed Vs State of KeralaMohd. Sajeed Vs State of KeralaMohd. Sajeed Vs State of Kerala

Offence committed beyond India then can be investigated by an Indian police but Offence committed beyond India then can be investigated by an Indian police but Offence committed beyond India then can be investigated by an Indian police but Offence committed beyond India then can be investigated by an Indian police but

with permission of Indian Govt with permission of Indian Govt with permission of Indian Govt with permission of Indian Govt [Refer Sec. 188, 189 of IPC and act 20 of constitutionRefer Sec. 188, 189 of IPC and act 20 of constitutionRefer Sec. 188, 189 of IPC and act 20 of constitutionRefer Sec. 188, 189 of IPC and act 20 of constitution]....

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6666---- Definition 21Definition 21Definition 21Definition 21---- Public ServantPublic ServantPublic ServantPublic Servant

7777---- SSSSense ense ense ense

8888---- GeGeGeGender nder nder nder 34343434----

9999---- NNNNumber umber umber umber 35353535---- CommonCommonCommonCommon

10101010---- Men/Women Men/Women Men/Women Men/Women 36363636---- IntentionIntentionIntentionIntention

11111111---- PePePePerson rson rson rson 37373737----

12121212---- PublPublPublPublic ic ic ic 38383838----

13131313---- XXXXXXXXXXXX

14141414---- Govt. ServantGovt. ServantGovt. ServantGovt. Servant 39393939---- VoluntaryVoluntaryVoluntaryVoluntary

15151515---- XXXXXXXXXXXX 40404040---- OffenceOffenceOffenceOffence

16161616---- XXXXXXXXXXXX 41414141---- Special LawSpecial LawSpecial LawSpecial Law

17171717---- Govt. Govt. Govt. Govt. 42424242---- Local lawLocal lawLocal lawLocal law

18181818---- IndiaIndiaIndiaIndia 43434343---- IllegalIllegalIllegalIllegal

19191919---- JudgeJudgeJudgeJudge 44444444---- Injury Injury Injury Injury

20202020---- Court of justice Court of justice Court of justice Court of justice 45454545---- LifeLifeLifeLife

46464646---- DeathDeathDeathDeath

21212121---- Public SePublic SePublic SePublic Servantrvantrvantrvant 47474747---- AnimalAnimalAnimalAnimal

22222222---- Moveable partyMoveable partyMoveable partyMoveable party 48484848---- VesselVesselVesselVessel

23232323---- Gaining wrongfullyGaining wrongfullyGaining wrongfullyGaining wrongfully 49494949---- YearYearYearYear [MonthMonthMonthMonth] 24242424---- DishonestyDishonestyDishonestyDishonesty 50505050---- SectionSectionSectionSection

25252525---- FraudeltyFraudeltyFraudeltyFraudelty 51515151---- OathOathOathOath

26262626---- Reason to believReason to believReason to believReason to believe e e e 52525252---- good faithgood faithgood faithgood faith

27272727---- Possession of propery Possession of propery Possession of propery Possession of propery 52A52A52A52A---- HarbourHarbourHarbourHarbour

28282828---- CounterfeitCounterfeitCounterfeitCounterfeit

29292929---- DocumentDocumentDocumentDocument

29A29A29A29A---- Election recordElection recordElection recordElection record

30303030---- Valuable securityValuable securityValuable securityValuable security

31313131---- WillWillWillWill

32323232---- A/O Act of OmmissionA/O Act of OmmissionA/O Act of OmmissionA/O Act of Ommission

33333333---- A/OA/OA/OA/O

19, 20, 21, 22, 2519, 20, 21, 22, 2519, 20, 21, 22, 2519, 20, 21, 22, 25----28, 30, 31, 3428, 30, 31, 3428, 30, 31, 3428, 30, 31, 34----38, 39, 40, 43, 38, 39, 40, 43, 38, 39, 40, 43, 38, 39, 40, 43, 51, 52, 52A51, 52, 52A51, 52, 52A51, 52, 52A In notebook, rest to In notebook, rest to In notebook, rest to In notebook, rest to

be studied from textbook. be studied from textbook. be studied from textbook. be studied from textbook.

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* Judge is a person who is officially designated as a Judge (RJS).Judge is a person who is officially designated as a Judge (RJS).Judge is a person who is officially designated as a Judge (RJS).Judge is a person who is officially designated as a Judge (RJS).

Such person who is empowered by law in criminal or civil proceedings.Such person who is empowered by law in criminal or civil proceedings.Such person who is empowered by law in criminal or civil proceedings.Such person who is empowered by law in criminal or civil proceedings.

(a) Give definite Judgement(a) Give definite Judgement(a) Give definite Judgement(a) Give definite Judgement

(b) If not appeal (b) If not appeal (b) If not appeal (b) If not appeal then final judgementthen final judgementthen final judgementthen final judgement

(c) If confirm then definitive(c) If confirm then definitive(c) If confirm then definitive(c) If confirm then definitive

* It can comprise of one person or body of person It can comprise of one person or body of person It can comprise of one person or body of person It can comprise of one person or body of person [Consumer forumConsumer forumConsumer forumConsumer forum]....

* Kishan Swaroop Vs Bijender SinghKishan Swaroop Vs Bijender SinghKishan Swaroop Vs Bijender SinghKishan Swaroop Vs Bijender Singh

Sarpanch is also a Judge.Sarpanch is also a Judge.Sarpanch is also a Judge.Sarpanch is also a Judge.

When a Judge who is empowered by law to act judicially. When a Judge who is empowered by law to act judicially. When a Judge who is empowered by law to act judicially. When a Judge who is empowered by law to act judicially.

Is acting judiciallyIs acting judiciallyIs acting judiciallyIs acting judicially

It includes body of person also.It includes body of person also.It includes body of person also.It includes body of person also.

Ques. What do you understand by Ques. What do you understand by Ques. What do you understand by Ques. What do you understand by publicpublicpublicpublic servant?servant?servant?servant?

Ans. Ans. Ans. Ans. Section. 21:Section. 21:Section. 21:Section. 21:

(a) XXXXXX(a) XXXXXX(a) XXXXXX(a) XXXXXX

(b) Commissioned officer of armed forces(b) Commissioned officer of armed forces(b) Commissioned officer of armed forces(b) Commissioned officer of armed forces

(c) Judge(c) Judge(c) Judge(c) Judge

(d) Officers of Court(d) Officers of Court(d) Officers of Court(d) Officers of Court

(e) Juryman assessor, member of Panchayat(e) Juryman assessor, member of Panchayat(e) Juryman assessor, member of Panchayat(e) Juryman assessor, member of Panchayat

(f) Arbitrator(f) Arbitrator(f) Arbitrator(f) Arbitrator

(g) Every man can confine the person (g) Every man can confine the person (g) Every man can confine the person (g) Every man can confine the person [JailorJailorJailorJailor] (h) Every person whose duty to prevent offence, protect health(h) Every person whose duty to prevent offence, protect health(h) Every person whose duty to prevent offence, protect health(h) Every person whose duty to prevent offence, protect health SafetySafetySafetySafety

(i) Such person whose duty is to survey(i) Such person whose duty is to survey(i) Such person whose duty is to survey(i) Such person whose duty is to survey and assessand assessand assessand assess

(j) Whose duty to collect tax(j) Whose duty to collect tax(j) Whose duty to collect tax(j) Whose duty to collect tax

(k) Whose duty to conduct election(k) Whose duty to conduct election(k) Whose duty to conduct election(k) Whose duty to conduct election

(l) Every person who is in survive or pay of govt. (l) Every person who is in survive or pay of govt. (l) Every person who is in survive or pay of govt. (l) Every person who is in survive or pay of govt. andandandand receive fees receive fees receive fees receive fees

or commission.or commission.or commission.or commission.

(m) Rajasthan amendment(m) Rajasthan amendment(m) Rajasthan amendment(m) Rajasthan amendment

Any such person included which conduct exam aAny such person included which conduct exam aAny such person included which conduct exam aAny such person included which conduct exam and supervise nd supervise nd supervise nd supervise exam at public body. exam at public body. exam at public body. exam at public body.

* Explanation. 1: Person can be appointed by Govt. or not.Explanation. 1: Person can be appointed by Govt. or not.Explanation. 1: Person can be appointed by Govt. or not.Explanation. 1: Person can be appointed by Govt. or not.

* Explanation. 2: W/e any person is on post then he shall be considered as public Explanation. 2: W/e any person is on post then he shall be considered as public Explanation. 2: W/e any person is on post then he shall be considered as public Explanation. 2: W/e any person is on post then he shall be considered as public

servant, although legal defect. servant, although legal defect. servant, although legal defect. servant, although legal defect.

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* Explanation. 3: W/e any election although legislatExplanation. 3: W/e any election although legislatExplanation. 3: W/e any election although legislatExplanation. 3: W/e any election although legislature, municipality or any public ure, municipality or any public ure, municipality or any public ure, municipality or any public

authority, any manner all are included in election, i.e., the person conducting authority, any manner all are included in election, i.e., the person conducting authority, any manner all are included in election, i.e., the person conducting authority, any manner all are included in election, i.e., the person conducting

election is a public servant.election is a public servant.election is a public servant.election is a public servant.

* M. Karuma Hidhi Vs VOIM. Karuma Hidhi Vs VOIM. Karuma Hidhi Vs VOIM. Karuma Hidhi Vs VOI

CM is a public servantCM is a public servantCM is a public servantCM is a public servant

* P.V. Narsimha Rao Vs StateP.V. Narsimha Rao Vs StateP.V. Narsimha Rao Vs StateP.V. Narsimha Rao Vs State

PM is a public servantPM is a public servantPM is a public servantPM is a public servant

* R.S. Nayak Vs AR.S. Nayak Vs AR.S. Nayak Vs AR.S. Nayak Vs A.R. Anatulay.R. Anatulay.R. Anatulay.R. Anatulay

MLA is not a public servant, then how CM can be public servant?MLA is not a public servant, then how CM can be public servant?MLA is not a public servant, then how CM can be public servant?MLA is not a public servant, then how CM can be public servant?

MLA/MP is responsible for the party whereaMLA/MP is responsible for the party whereaMLA/MP is responsible for the party whereaMLA/MP is responsible for the party whereas CM/PM for the whole s CM/PM for the whole s CM/PM for the whole s CM/PM for the whole

nation/Country.nation/Country.nation/Country.nation/Country.

* Is Judge a public servant?Is Judge a public servant?Is Judge a public servant?Is Judge a public servant?

V. Ramaswami Vs StateV. Ramaswami Vs StateV. Ramaswami Vs StateV. Ramaswami Vs State

Yes, He is alsoYes, He is alsoYes, He is alsoYes, He is also

* Asha Parikh Vs State of Asha Parikh Vs State of Asha Parikh Vs State of Asha Parikh Vs State of BiharBiharBiharBihar

Are various Organization a public servant?Are various Organization a public servant?Are various Organization a public servant?Are various Organization a public servant?

For this we have to see the functioning. For this we have to see the functioning. For this we have to see the functioning. For this we have to see the functioning.

Censor board is a public servant.Censor board is a public servant.Censor board is a public servant.Censor board is a public servant.

* Ram Avatar Vs State of BiharRam Avatar Vs State of BiharRam Avatar Vs State of BiharRam Avatar Vs State of Bihar

Surveyor Surveyor Surveyor Surveyor [RevenueRevenueRevenueRevenue] a public servanta public servanta public servanta public servant

* Bajranglal Vs State of PunjabBajranglal Vs State of PunjabBajranglal Vs State of PunjabBajranglal Vs State of Punjab

Khalasi is a public servant.Khalasi is a public servant.Khalasi is a public servant.Khalasi is a public servant.

* A.S.A.S.A.S.A.S. Rao Vs CNN KuttyRao Vs CNN KuttyRao Vs CNN KuttyRao Vs CNN Kutty

MD Govt. Company is PSMD Govt. Company is PSMD Govt. Company is PSMD Govt. Company is PS

* State Vs of OP DograState Vs of OP DograState Vs of OP DograState Vs of OP Dogra

LIC is PSLIC is PSLIC is PSLIC is PS

* Balram Singh Vs StateBalram Singh Vs StateBalram Singh Vs StateBalram Singh Vs State

Superintendent Engineer, State Electricity board is PSSuperintendent Engineer, State Electricity board is PSSuperintendent Engineer, State Electricity board is PSSuperintendent Engineer, State Electricity board is PS

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