| Q.1- | If a police officer fires on a mob by the order of his superior officer, in conformity with the commands of the law, whether he commits any offence? |
| Ans.- | No. His act is exempted from criminal liability under section 76 of IPC. he cannot be charged for murder or culpable homicide. |
| Q.2- | Where a police officer who being ordered by court of law to arrest Y, and after due inquiry, believing Z to be Y, arrests Z. Whether Police officer has committed any offence. |
| Ans.- | No. The police officer has not committed any offence. Burden of proof lies on the police officer to prove that has arrested Y in good faith. |
| Q.3- | What are the basic elements to exempt a person for accident under section 80? |
| Ans.- | (1) that the act in question was without any criminal intention or knowledge;
(2) that the act was being done in a lawful manner and by lawful means; and (3) that the act was being done with proper care and caution. |
| Q.4- | ‘A’, in great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act. ‘A’ is not guilty of the offence. Whether ‘A’ is guilty for any offence? |
| Ans.- | No. Mr. ‘A’ is not guilty of any offence. He is exempted under section 81 of IPC. |
| Q.5- | A child of six and half years of age had shot down one of his classmate. Whether he has committed any offence? |
| Ans.- | No. He has not committed any offence. Even the act of child is so serious. But still he cannot be charged of any offence as he is child below the age of 7 years. Section 82 exempts a child below the age of 7 years from any of the criminal liability. |
| Q.6- | A child of 11 years has committed murder. What action can be taken against him? |
| Ans.- | Even there is a provision under section 83 of IPC but in the present time any juvenile who is below the age of 18 years are governed by the Juvenile Justice (Care and Protection of Children) Act, 2000. It says that child shall be produced before the Juvenile Justice Board within 24 hours of apprehension. |
| Q.7- | What is provision to exempt a person of insanity from criminal liability under section 84? |
| Ans.- | Section 84 says that nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind and is incapable of knowing the nature of the act. |
| Q.8- | When an act of intoxicated person is exempted from criminal liability? |
| Ans.- | The proviso is the gist of the section 85 which says voluntary drunkenness is no excuse for commission of a crime. The doer must be intoxicated by any means without his knowledge or administered against his will. |
| Q.9- | A’, a surgeon, knowing that a particular operation is likely to cause the death of ‘Z’, who suffers under a painful complaint, but not intending to cause Z’s death, and intending in good faith, Z’s benefit performs that operation on ‘Z’, with Z’s consent. Whether ‘A’ has committed any offence? |
| Ans.- | No. ‘A’ has committed no offence. His act is exempted under section 88. |
| Q.10 | A, a surgeon in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. Whether ‘A’ has committed any offence? |
| Ans.- | No. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death. |
| Q.11 | A was forced to commit murder under the apprehension of threat to life of his friend? Whether he is liable for murder? |
| Ans.- | Yes. Section 94 says that except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence. |
| Q.12 | What are the provisions for slight harm under section 95? |
| Ans.- | It is not limited to pecuniary loss but also extend to a small injury. The degree of damage done sometimes depends upon the status of an individual. |