Criminal Law Questions for CLAT with Answers - Download PDF

What is crime?

In the words of the great jurist Blackstone, “ Crime is an act, committed or omitted in violation of a public law, either forbidding or commanding”.For the commission of crime, two major important ingredients are Mens rea and actus rea which means guilty, mind and physical act, respectively.

Criminal law is a fundamental branch of legal jurisprudence that governs the behaviour of individuals within a society and outlines the consequences for actions that are deemed harmful, threatening, or disruptive to the public order. It encompasses a set of rules and regulations established by a legal system to define criminal offences, establish penalties, and ensure justice is served. This section requires a combination of thorough understanding, critical thinking, and effective application of legal principles. With consistent practice and focused preparation, you can excel in the Criminal Law section of the CLAT exam.

As the new criminal law, a Justice system has been proposed in the names of Bhartiya Nyaya Sanhita (BNS), Bhartiya Nyay Suraksha Sanhita, Bhartiya Sakshya Sanhita And will be applicable from July 1, 2024. These new laws will eradicate the earlier laws like IPC, CRPC and Indian Evidence Act, but the essence of crime is the same, even though the acts are centuries apart.

How to Prepare for CLAT Criminal Law:

It is seen that criminal law has been as repeatedly in the law examinations, majorly the culpable homicide and murder sections which are confusing and students need to put more heat on these two sections numbered 299, 300, 301, 304, 307, 324 et cetera. Criminal law is a major aspect to be asked. Solving in number of questions will be helpful for the preparation.

How to excel in criminal law questions? Criminal law is dependent upon and strictly works under the parenthesis of the Essentials. Kindly read the paragraph carefully and make sure the answers are marked concerning the essentials provided in the passage.

Passage 1

Khunti’s sedition cases go back to 2017, and the start of the “Pathalgadi movement”. Adivasis who were faced with corporate takeover of their land resorted to an innovative form of protest: they began to carve provisions of the Indian Constitution’s Fifth Schedule — that guarantees tribal autonomy — upon stone slabs placed upon the boundaries of the village. The first information reports (FIRs) that follow allege that the police were attacked with “sticks and traditional weapons” (an allegation that the Adivasis dispute); but additionally, the FIRs also state that the leaders of the movement have been “misleading the innocent people in the name of scheduled areas”, and “erecting stone slabs presenting wrong interpretation of the Constitution”. As a result of these FIRs, individuals spent many months in jail.

The ongoing events in Khunti reveal multiple fault lines in the legal system and multiple faults in those who implement it. A century-and-a-half after it was first enacted into the Indian Penal Code by the colonial government, the vague, ambiguous, and unclear wording of the sedition provision continues to make it ripe for abuse. Sedition is defined as “disaffection” against the government, or bringing it into “hatred or contempt”.

It should be immediately obvious that the scope of these words is boundless, and boundlessly manipulable. However, when the sedition law was challenged in 1962, the Supreme Court of India chose to uphold it, while claiming to “narrow it down”. The court noted that only acts that had a “tendency” to cause public disorder would fall within the scope of the section.

As the years since that judgement have shown, however, this dictum had no impact whatsoever on the abuse of the sedition law. To start with “tendency to cause public disorder” was almost as vague as the text or the original section. Second, as long as the section continued to exist in the form that it did, the police could, and did continue to invoke it to stifle protest and dissent; and trial courts could and did continue to refuse bail to jailed people. The failure, thus, extended to every wing of the state: to Parliament, for allowing the provision to remain on the statute books, to the Supreme Court for not striking it down when it had the chance, to State governments and State police, that have found in it a ready tool of oppression, and to lower courts, that enable prolonged incarceration of people under the section.

It hardly needs to be said that “encounters” — and “fake encounters” — take place because there do not exist adequate structures of accountability. Without those structures, the police effectively operate in a zone of impunity. In 2009, the then High Court of Andhra Pradesh passed a landmark judgement, in which it attempted to create a regime of accountability. Central to this regime was the requirement that encounter deaths would be investigated as if they were murder cases. An FIR would have to be registered against the police officers responsible for the encounter, and to the extent that they invoked self-defence, they would have to prove it.

The High Court’s judgement, however, was stayed by the Supreme Court, which then passed a series of vague and unclear guidelines a few years later, on the same subject. Even this regime, however, was given a go-by in the recent Telangana encounter case, where, acting on a public interest litigation, the Supreme Court stayed all pending proceedings (including before the Telangana High Court, which was following the guidelines), and handed over the investigation to a “committee”, with a six-month reporting period, to boot.

The Jharkhand and Chhattisgarh incidents show that the rule of law and the Constitution continue to fail those who need it the most, and in the places where it is needed the most. And the root cause of this failure is the active complicity of the very actors who we most expect to maintain the rule of law: clearly, abusive laws are enacted by Parliament, upheld by courts, misused by the police, and sanctioned (again) by courts.

Extracted from: https://www.thehindu.com/opinion/lead/the-widening-fissure-in-indias-rule-of-law/article30323344.ece by the Hindu.

1.) According to the Indian Penal Code, what does the term “sedition” refer to?

Options

1. Inciting violence

b) Criticising the government

c) Public disorder

d) Disaffection against the government or bringing it into hatred or contempt

Correct option: d) Disaffection against the government or bringing it into hatred or contempt

Explanation: The text defines sedition as “disaffection” against the government or bringing it into “hatred or contempt”.

2) According to the author, the fact that FIRs lodged by police against tribal people recorded “attacking with sticks and traditional weapons” indicates,

Options

1. Misreporting of incidents by police

2. Underreporting of incidents by police

3. truthful reporting of incidents by police

4. None of the above

Correct Option: (a) Misreporting of incidents by police

Explanation: The author has stated that tribal people only carved provisions of the Constitution on stones so allegation of attack with sticks and traditional weapons appears to be misreporting.

3) How did the Supreme Court of India attempt to narrow down the scope of the sedition law in 1962?

Options

1. By striking down the sedition law

(b) By defining specific acts of sedition

(c) By upholding acts that have a “tendency” to cause public disorder

(d) By restricting the application of sedition to violent acts

Correct option: c) By upholding acts that have a “tendency” to cause public disorder.

Explanation: By stating that only actions having a "tendency" to produce public disorder would be covered by the sedition law, the Supreme Court aimed to limit the applicability of the statute.

4) What is the root cause of the failure of the rule of law and the Constitution in Jharkhand and Chhattisgarh?

Options

1. Lack of awareness among citizens

2. Ineffective government policies

3. Active complicity of various factors

4. Lack of financial resources

Correct Option: c) Active complicity of various factors

Explanation: The root cause of the failure is the active complicity of Parliament, courts, and police.

5) What was the outcome of the 2009 judgement by the High Court of Andhra Pradesh regarding encounter deaths?

Options

1. The judgement led to the abolition of encounter deaths

2. Encounter deaths were treated as self-defence cases

3. Encounter deaths were investigated as murder case

4. The police were granted immunity in encounter deaths

Correct Option: c) Encounter deaths were investigated as murder cases.

Explanation: States that the High Court of Andhra Pradesh’s judgement required encounter deaths to be investigated as if they were murder cases.

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Passage 2:

The Delhi High Court has modified the conviction and sentence of a man from Sec

397 (Robbery or Dacoity with an attempt to cause death or grievous hurt) of the Indian penal

code to Sec 392 (punishment for robbery)as the prosecution had failed to prove the use of a deadly weapon.

Justice Mukta Gupta was of the view that the prosecution is required to prove the nature of the weapon of offence used especially in the case of Knife of blade.

"In the absence of the use of the deadly weapon being proved by the prosecution, the

conviction of the appellant for an offence punishable under section 397 IPC cannot be

sustained and is required to be modified to an offence punishable under Section 392

IPC." the court said. Perusing the testimony of the prosecution, the court said that it is tried law that even if the weapon of the offence is shown after snatching had taken place for running away Along with the snatch article, the Offence under Sec 397 IPC is attracted.

"Thus, If the offender uses a deadly weapon at the time of committing robbery or Dacoity

which would include even the fear of instant death or instant hurt or wrongful restraint or an attempt to pause death or hurt or wrongful restraint even while carrying away or attempting to carry away the property obtained by the theft, The act of the offender will fall within the four corners of the Sec 397 IPC,"The court said.

Though it is not essential that the weapon of the offence should be recovered to prove the nature of the weapon used and that a deadly weapon was used at the time of the commission of an offence, however, the prosecution is required to prove the nature of the weapon of offence used especially in the case of Knife or

1. Radha went to the nearby local vegetable market to get some vegetables. She is an extremely miserly lady since she is always bargaining with the vendors. When she was returning from her office one day, she saw some goons on the street who she identified as vegetable vendors. They came to exact Vein gain on Radha. Radha saw the vendors approaching her and noticed that they were holding a knife-like instrument,but because it was dark, she didn't spot it correctly and in fear she collapsed.they took her handbag and phone and ran. What section will they be punished under?

Options:

a) Section 397 of IPC as a robbers attempted to paused previous hurt to Radhen addition Radha saw a knife like weapon in hands offender.

b) Section 397 of IPC as it was an act of revenge in addition to robbery.

c) Section 392 of IPC as it was a case of Robbery.

d) As it was entirely an act of retribution,the thieves attempted to do serious harm to Radha, And hence it was punishable under section 397 and 392 of the IPC.

Correct Option: (c) Section 392 of IPC as it was a case of Robbery.

Explanation: Robbers will not be punished under section 397 but under 392 ( punishment for robbery as there exists no use of a deadly weapon.

2. Chinu owns a jewellery business in Indore's Sarafa market. He usually closes his shop since he does not trust any of his employees with the locker or the shop. Three masked individuals ganged on him one day as he was locking his shop and demanded that he open the shop's safe. When the robbers left, Chinu attempted to phone police from his landline,but before he could dial,the robbers cut a sharp knife around his naked body and abandoned him on a highway. Despite the prosecution's base efforts to show that the criminal used a deadly weapon,chinu was in shock and could not recall anything from that Knife. Decide.

Options:

a) They will be arrested and tried under section 392 of IPC.

b) They will be arrested and tried under 397 of IPC.

c) There will be arrested and tried for (Robbery or Dacoity with an attempt to cause death or grievous hurt) under section 392 of IPC.

d) The court will modify sentence from Section 392 of the IPC to Section 397 of the IPC

Correct Option (a) They will be arrested and tried under section 392 of IPC.

Explanation: Criminal tried to injure Chinu thereby putting a sharp knife around the neck according to the facts but he did not recall a single incident of what happened on that night neither prosecution could prove that there was used a deadly weapon while common of the crime, hence will not be robbers for offence punishable under section 392 of IPC and not under section 397 of IPC.

3. Rupali lived in a 46-story building with his only child Ruhan while her husband was in Singapore. The building was completely secure, and Rupesh, her husband, could track Rupali and his son Ruhan's whereabouts at any moment using an app. One day a gang of thieves broke into Rupesh flat and attempted to steal all of the luxurious items in it. Because Rupali teaches karate, she decides to fight with them, but the other thief backstabs her with a sharp blade. Everything was recorded on CCTV. Decide.

Options:

a) The prosecution will be required to prove the nature of the weapon used.

b) The prosecution will be required to prove that the weapon of offence will be recovered.

c) The prosecution will be required to prove the nature of the weapon used and that

a deadly weapon was used at the time of the commission of the offence.

d) The respondent can submit recordings of CCTV to prove his case.

Correct option: (c) The prosecution will be required to prove the nature of the weapon used and that a deadly weapon was used at the time of the commission of the offence.

Explanation: The weapon of the offence should be recovered to prove the nature of the weapon used and that the deadly weapon was used at the time of the commission of the offence.

4. Choose the correct reference taken from the passage:

a) It is essential that weapons used in the offence must be recovered.

b) It is essential that the offender used the deadly weapon to attract the offences under

section 392 of IPC

c) It is essential for an offender to use a deadly weapon for committing an offence if theft

d) If the prosecution proved that the deadly weapon is used in committing the offence the court can modify the conviction and sentence of a man from Sec 392 ( Punishment for robbery to Sec 397 Robbery or Dacoity with an attempt to cause death or grievous hurt)of Indian penal code.

Correct Option : (d) If the prosecution proved that the deadly weapon is used in committing the offence the court can modify the conviction and sentence of a man from Sec 392 ( Punishment for robbery to Sec 397 Robbery or Dacoity with an attempt to cause death or grievous hurt)of Indian penal code.

Explanation: The Delhi High Court changed a man's conviction and sentence from Section 397 of the IPC to Section 392 because the prosecution had been unable to establish the use of a deadly weapon; as a result, the court was able to change the man's conviction from Section 392 to Section 397 of the IPC.

5. Dhara was alone in the house when a man named Akash entered and showed him a video of her spouse Naman being trapped in a room with a gun on his head. He also threatened Dhara's husband with death If she did not hand over all of the gold and cash to him. Is Ramesh's act is Punishable under?

Options:

a) Section 392 of IPC as no deadly weapon was used at the time of commission of offences by the robber.

b) Section 397 of IPC will not be attracted as a video was fake

(c) Section 397 will be attracted as the act of offender-induced instance death or instant hurt to Ramesh

d) Section 397 will not be attracted as there was no harm caused to Dhara.

Correct Option: (c) Section 397 will be attracted as the act of offender-induced instance death or instant hurt to Ramesh

Explanation: If the offender uses a deadly weapon at the time of committing robbery or

dacoity which includes even the fear of instant death hence in the facts, Ramesh did use

a deadly weapon i.e. gun.

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Passage 3

Parliament passed the Criminal Procedure (Identification) Act, 2022 (the “Act”) in March 2022. The legislation enables police and central investigating agencies to collect, store and analyse the measurements of arrested persons. Until rules are notified, an Act cannot be implemented or come into force. On September 19, 2022, the Ministry of Home Affairs (the “MHA”) notified the rules (the “Rules”) under the Act.The Act empowers a Magistrate to direct any person to give measurements to the police, which till now was reserved for convicts and those involved in heinous crimes. It also enables police personnel of the rank of Head Constable or above to take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate. As per the Rules, “measurements” mean finger-impressions, palm-print, footprint, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures,and handwriting. Though it has not been specified, analysis of biological samples could also include DNA profiling.However, the Rules state that measurements of those detained under preventive Sections of the Code of Criminal Procedure (“CrPC”) shall not be taken unless such person is at that time charged or under arrest in connection with any other offence punishable under any other law. Measurements can also be taken under the Rules if a person has been ordered to give security for his good behaviour for maintaining peace under Section 117 of the CrPC for a proceeding under that Section.

[Extracted, with edits and revisions, from “Explained | Rules for identifying criminals”, by Vijaita

Singh, The Hindu]

1. Bhargesh was arrested by the police on April 11, 2022, on suspicion of having committed a series of minor thefts. During their investigation, the police find some fingerprints at the crime scenes, and on April 12, 2022, they tell Bhargesh that he must provide his finger-impressions to them so that they can check whether they match the fingerprints from the crime scenes. When Bhargesh refuses, the police tell him that he has no choice but to provide his measurements, as the Act had been passed by Parliament the previous month. Was Bhargesh bound to provide his finger-impressions under the Act?

(a) No, since Bhargesh had only been arrested, and not convicted.

(b) Yes, since Bhargesh was under arrest.

(c) No, since the Rules had not yet been notified.

(d) Yes, since finger-impressions are included within the definition of “measurements” under the Act.

Correct Option: (c) No, since the Rules had not yet been notified.
Explanation: According to article 20 clause a which deals with ex post facto Laws the law is always applied prospectively not retrospectively only and only if it is beneficial to the person standing in court . As mentioned there the rules has not been notified yet thus he is not bound.

2. Bhargesh is later released by the police because they are unable to find enough evidence to make a strong case against him. On October 5, 2022, the police received a complaint alleging that Bhargesh had beaten up his neighbour and caused the neighbour severe injuries. They ask the local Magistrate to issue an order directing Bhargesh to provide the police his blood samples, so that they can match them against some blood stains that were found on the neighbour’s clothes. The Magistrate issues the order, but Bhargesh refuses to provide the blood samples. Is Bhargesh bound to provide his blood samples to the police under the Act?

(a) Yes, since the crime that Bhargesh was accused of was very serious.

(b) Yes, since the Magistrate had passed an order directing him to do so.

(c) Yes, since Bhargesh had already been arrested in connection with another crime in the past.

(d) Yes, since the police needed the blood samples to verify Bhargesh’s involvement in the crime.

Correct Option :(b) Yes, since the Magistrate had passed an order directing him to do so.
Explanation : As stated in the passage, the Magistrate can pass and order the accused to provide the samples to do police in this case, Bhargesh is ordered by the Magistrate thus mandatory.

3. On October 15, 2022, the police detained Bhargesh under a preventive Section of the CrPC, since they believed that he had plans to disturb the public peace during a festival day. They then tell Bhargesh that he must provide his measurements to them for their records. Bhargesh refuses again. Is Bhargesh bound to provide his photographs to the police under the Act?

(a) No, since he was not charged or under arrest in connection with any other offence at the time.

(b) No, since that would violate Bhargesh’s right to privacy.

(c) Yes, since the police had detained Bhargesh under a preventive Section of the CrPC.

(d) Yes, since there was a high likelihood that Bhargesh would disturb the public peace on a festival day.

Correct Option : (a) No, since he was not charged or under arrest in connection with any other offence at the time.
Explanation: As Bhargesh was under preventive detention and not charged with any offence or under arrest thus, he is not bound to give his measurements as it would be violation of his personal rights.

4. Two days later, the police obtained an order from the Magistrate directing Bhargesh to provide them with his photographs. As Bhargesh continues to refuse to provide his photographs, a regular police constable forces him to stand still and takes his photographs. Bhargesh files a case in court, claiming that the constable’s actions violate the Act. Will he succeed?

(a) Yes, since Bhargesh had been detained under a preventive section of the CrPC.

(b) Yes, since only police personnel of the rank of Head Constable or above can take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate.

(c) No, the Magistrate had issued an order directing him to provide his photographs to the police.

(d) No, since the police constable was only performing his duty.

Correct Option : (b) Yes, since only police personnel of the rank of Head Constable or above can take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate.
Explanation: As it is explicitly stated in the passage, only police officers with the rank of Head Constable or higher can take measurements of anyone who resists or refuses to give measurements when instructed to do so by a Magistrate. As a result, the phrase "a regular police constable forces him to stand still and takes his photographs" makes no sense. Bhargesh will succeed.

5. The police release Bhargesh, but to ensure that he does not disturb the public peace, they ask the Magistrate to issue an order under Section 117 of the CrPC, directing Bhargesh to provide a security of ` 1,00,000/- for his good behaviour and to ensure he maintains the peace, which the Magistrate refuses. The police now tell Bhargesh he must provide them with his iris and retina scans. Is Bhargesh required to do so?

(a) No, since a person against whom an order has been issued under Section 117 of the CrPC cannot be made to give their measurements to the police.

(b) Yes, since a person against whom an order has been issued under Section 117 of the CrPC can be made to give their measurements to the police.

(c) Yes, since Bhargesh had been detained under other preventive sections of the CrPC in the past.

(d) No, since the Magistrate had not issued the order.

Correct Option: (d) No, since the Magistrate had not issued the order.

Explanation: Aaj mentioned in the passage and in the questions that the magistrate as in issued an order that he is not bound to provide iris/retina scan to the police.

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