UPSC Mains Law Paper Topic : Offences against Human Body

UPSC Mains Law Paper Topic : Offences against Human Body

  1. In spite of recent amendment in the law, the definition of “rape” with Indian Penal Code leaves, certain loopholes making it difficult to secure convictions. Critically evaluate this statement. (93/II/6b/30)
  2. The law relating to murder recognises the principle that “anger is a passion to which good and bad men are subject, and mere human frailty and infirmity ought not to be punished equally with ferocity or their feeling.” Elucidate. (93/II/6a/30)
  3. ‘A’ enticed a minor girl ‘M’ without the consent of her lawful guardian ‘G’ and kept her with him for a month after which he deserted her. While ‘M’ was loitering on the street immediately there after, ‘B’ took her with him from whose custody ‘M’, was later recovered by the police. Discuss with reasons and decided cases criminal liability of ‘A’ and ‘B’. (94/II/2b/30)
  4. “Clause (4) of Section 300, Indian Penal Code, defining murder, cannot be applied until it is clear that Clause 1,2  (Main) Law—Topic Wise Paper 56 and 3 of the section each or all of them fail to suit the circumstances.” Examine the above statement with the help of decided cases. (94/II/2a/30)
  5. “To hold an accused guilty of murder under Clause (3) of Section 300 of the Indian Penal Code the prosecution must prove that there was an intention to inflict that particular injury; that is to say that the injury was not accidental or unintentional or that some other kind of injury was intended, and that particular injury was sufficient in the ordinary course of nature to cause death.” Examine. (95/II/2a/30)
  6. When is a man said to commit the offence of rape? (96/II/2a/30)
  7. Examine as to whether a person who causes death of a pregnant woman is guilty of committing one homicide or two. (96/II/ la/ 20)
  8. X group, consisting of seven persons, waylaid Y group of persons. In the fighting that ensued between the two groups A, a person belonging to the X group, was injured. Because of the injury A had to withdraw to one side and he took no further part in the fight that continued between the two groups. Sometime later a person belonging to the Y group was filled in the fighting. A along with other persons of the X group are prosecuted for the murder. Decide. (97/II/2b/30)
  9. What changes are incorporated in the law dealing with the offence of rape in the recent past? (98/II/2c/20)
  10. When will sexual intercourse by a man with wife be’rape’? (98/II/2b/20)
  11. The accused succeeded in getting a decree of restitution of conjugal rights in his favour, but his wife, who was living separately with her parents,  refused to rejoin him. He, thereupon, went to his in-law’s place and there he had sex with his wife without her consent. The wife desires to have her husband criminally prosecuted for the offence of rape and seeks your legal advice. What advice will you give her? (99/II/1c/20)
  12. X, a girl of 14, is ill-treated by her father and step mother. ‘A’, the neighbour under the belief that X was 18; takes her away from her parent’s house on her request but without the, consent of the parents. Is he guilty of any offence? If yes, analyse the nature of the offence and cite relevant cases. (00/II/1b/20)
  13. A, a pickpocket, puts his hand in the pocket of B, a person, who was reclining in the park. Incidentally, the person had a piston in his pocket and as the pickpocket put his hand in the pocket, it touched the trigger and the pistol went off killing the person. Is a guilty of culpable homicide? Explain when culpable homicide does not amount to murder with the help of illustrations and decided cases. (00/II/1a/20)
  14. ‘A’ intentionally attacks ‘B’. While doing so ‘A’ does not know that ‘B’ is suffering from an enlarged appendix. The blow falls on the appendix as a result of which the appendix bursts and ‘B’ dies. Discuss A’s liability. (01/II/2b/30)
  15. Explain whether any offence is committed in the following instance and under what circumstances? Give reasons. Do not write more than 100 words. (02/II/2d/10) X shakes his fist at Z so as to cause reasonable apprehension in the mind of Z that she would be hit.
  16. “The question as how is a court to determine as to whether a bodily injury  57 (Main) Law—Topic Wise Paper intentionally inflicted by an accused is likely to cause death or not depends on many factors.” Discuss. (03/II/2a/30)
  17. “In murder cases sentence of imprisonment for life is the rule and death sentence an exception”. Discuss. (03/II/4a/30)
  18. Referring to relevant legal provisions, and decided cases, point out what offence, if any, has been committed in the following case : A without any excuse, fires a loaded pistol into a crowd of persons and kills one of them. (04/II/2f/10)
  19. Referring to relevant legal provisions, and decided cases, point out what offence, if any, has been committed in the following case : A intentionally gives a sword cut to B sufficient in the ordinary course of nature to cause death. B dies in consequence. (04/II/2e/10)
  20. X strikes Y with a stick. Y is by this provocation excited to violent rage. Z, a bystander intending to take advantage of Y’s rage and to cause him kill X, puts a knife into Y’s hand for that purpose. Y kills X with that knife. What offence is committed by Y and Z? Explain and discuss with reasons. (05/II/2b/30)
  21. Discuss, “attempt to commit suicide,” referring to the decisions of the Supreme Court on the Constitutional validity of Section 309 of the Indian Penal Code. (05/II/ lb/ 20)
  22. The Supreme Court of India in a recent judgement pronounced, “Doctors cannot be held criminally liable under Section 304 A of the Indian Penal Code unless they are ‘grossly’ rash or negligent in performing their duties”. Is the judgement in favour of doctors or is it against the poor and illiterate patients  in our country? Give your views with reasons. (06/II/4a/30)
  23. Distinguish between culpable homicide and causing death by rash or negligent act. A, a woman with a view to poisoning her husband, administered to him a substance which she believed to be poision, but which in fact was harmless. What offence if any she has committed in this case? (09/II/2b/30)
  24. Defence of ‘Volenti-non-fit injuria’ is not available when the rescuer is injured in an act of rescuing” Discuss.  (10/II/1c/20)
  25. “It would be wrong to perceive nudity and sex as essentially obscene, indecent or immoral. Sex and obscenity are not always synonymous.” In the light of the above statement elaborate the position of obscenity as an offence in India. (11/II/3a/30)
  26. The natural calamity in Uttrakhand left hundreds dead. Some people were seen removing gold ornaments, watches and other valuables from these dead bodies. Few days later, police apprehended them and wanted to prosecute them. Under which provision of the Indian Penal Code can they be prosecuted? Discuss (13/II/2b/25)
  27. “Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant.” Comment and distinguish between assault and battery. (13/II/3a/20)






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