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Punishment provisions under IPC for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Sep 25, 2023 25:26 PM | #CLAT

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  • 21 Questions around this concept.

Solve by difficulty

Read the following passage and answer the questions.

The determination of guilt in a criminal case is followed by a decision on the kind of treatment that should be meted out to the offender. The purposes which broadly govern the decision concerning such treatment are Deterrence, Prevention, Retribution, Reformation and rehabilitation, Restoration, and reparation. The deterrent theory of punishment aims at reducing the recurrence of crime by punishing the offender, which discourages not only the offender from committing the crime again but unpleasant consequences also deter people generally who might have thought of committing a crime in the future.

Prevention seeks to prevent the offender from committing a crime again by rendering the offender incapable of committing the crime. An important consideration in a sentence based on prevention as the purpose of punishment is the likelihood of the commission of a crime by the same offender again.

The retributive theory of punishment is based on the idea that the offender should suffer for the wrong committed by him.

Reformation and Rehabilitation- This approach views individual pathology or maladjustment as the cause of criminal behavior and thus focuses on the needs of the particular offender as determinative of the kind of treatment that should be given to him. It seeks to bring about attitudinal or behavioural change in the offender through moral training, education, and psychological help, enabling him to find occupations by developing his skills.

Restoration and Reparation- Restorative justice aims at repairing the harm to the victim and the community by making the offender recognize his wrong, “healing” the conflict between victim and offender, repairing the breach in the community’s sense of trust wherein the community is reassured against further offending and diminishing the fear of crime created by a commission of offence.

Question: A pharma company manufactured and sold a drug of sub-standard quality word Rs. 40 lakh in toto. A suit was filed and the Court fined them with 50 crore rupees. This is an example of-

 

 

Read the following passage and answer the question accordingly.

The substantive law governing criminal activities in India is the Indian Penal code (IPC), 1860. The provisions related to Criminal intimidation, Insult and Annoyance (herein referred as CIIA) has been dealt with in chapter XXII of the Code consisting of section 503-510. The chapter broadly describes five types of offences. The offence of Criminal Intimidation is defined in section 503 of IPC. The Provisions states that any person who threatens another person on bellow mentioned grounds is liable for criminal intimidation (a)Threatens injury to his person (b) Threatens injury to his reputation (c) Threatens injury to his property (d)Threatens injury to the person or reputation of anyone in whom the person has vested interest to make such person do any illegal act or omit any act he is legally authorized to do in order to escape such fear of threat. To make one penalize for criminal intimidation, the following two essentials must be fulfilled, (a)There must be a fear of threat to a person's body, reputation and possession or to whom he is most concerned. (b) The nature of fear of threat should be caused with the intention to abstain or to perform certain activities to avoid such threats.

Section 506 contains the punishment for criminal intimidation. Section 507 of the Indian Penal Code, 1860 is an aggravated form of intimidation. This section covers instances wherein the intimidator commits the offence anonymously. This section states that whoever indulges into the act of criminal intimidation by anonymous communication or takes precautions to conceal his identity or abode shall be punished with imprisonment, which may extend up to two years. This punishment is in addition to the punishment provided for the offence under Section 506 of the IPC, 1860.

Question:

Which of the following acts would not constitute the offence of Criminal Intimidation?

 

 

Read the following passage and answer the question. 
Last year, several PILs  were filed in the Supreme Court challenging the "bulldozer action" taken by the authorities in States of Uttar Pradesh, Madhya Pradesh to demolish the houses of persons accused in cases like riots. The petitioners contended that the authorities were resorting to extra-judicial and disproportionate actions to punish the accused, even before Their guilt is established after a legal trial. The authorities maintained that They are taking action against unauthorised constructions. Last year, the Supreme Court had asked the Uttar Pradesh government not to carry out demolition activities except in accordance with the procedure established by law. In response, the State of Uttar Pradesh submitted an affidavit that the demolitions carried out in Kanpur and Prayagraj were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973. The State had categorically denied that the demolitions were linked to riots and maintained that the process was initiated for violation of the building rules.
Question : 
In the previous question would your answer change if the killing was done by a police officer?

 

 

Read the following passage and answer the question. 
Last year, several PILs  were filed in the Supreme Court challenging the "bulldozer action" taken by the authorities in States of Uttar Pradesh, Madhya Pradesh to demolish the houses of persons accused in cases like riots. The petitioners contended that the authorities were resorting to extra-judicial and disproportionate actions to punish the accused, even before Their guilt is established after a legal trial. The authorities maintained that They are taking action against unauthorised constructions. Last year, the Supreme Court had asked the Uttar Pradesh government not to carry out demolition activities except in accordance with the procedure established by law. In response, the State of Uttar Pradesh submitted an affidavit that the demolitions carried out in Kanpur and Prayagraj were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973. The State had categorically denied that the demolitions were linked to riots and maintained that the process was initiated for violation of the building rules.
Question : 
Which of the following is/ are correct in light of the passage?
I] A justification against an act can be given by stating a law
ii] Guilt has to be proved before taking action against the accused
iii] If the guilt like the riots is proven the government has the right to demolish the house of people
iv] The district court has no right to order the state government on their actions

 

Read the following passage and answer the question.
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 blade.
Question :
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 ?

 

 

In which of the following case it was held that death penalty can be awarded only in ‘rarest of rare cases’?

Concepts Covered - 1

Punishment provisions under IPC

Definition 

  • "Punishment Provisions under IPC" refers to the set of laws within the Indian Penal Code (IPC) that prescribe penalties for various criminal acts. 
  • The IPC encompasses a wide array of offenses and specifies corresponding punishments for individuals found guilty, forming the backbone of the Indian criminal justice system.
  • Simple imprisonment is a type of imprisonment that does not involve any special restrictions or hardships. The prisoner is typically allowed to associate with other prisoners, participate in activities, and receive visitors. The length of simple imprisonment can vary depending on the severity of the crime.
  • Rigorous imprisonment is a more severe type of imprisonment that involves additional restrictions and hardships. Prisoners may be confined to their cells for most of the day, and they may be prohibited from participating in activities or receiving visitors. The length of rigorous imprisonment can also vary depending on the severity of the crime.
  • Solitary confinement is a type of imprisonment in which the prisoner is isolated from other prisoners and from the outside world. Prisoners in solitary confinement may be confined to their cells for 22-24 hours a day, and they may have limited contact with guards or other staff. Solitary confinement is typically used as a punishment for serious disciplinary infractions, or as a way to protect prisoners from harm.

Key Points:

  • Classification of Offenses: The IPC categorizes crimes based on their severity, covering crimes against property, persons, morality, and public order, allowing for tailored punishments.
  • Types of Punishments: The IPC outlines diverse penalties, including imprisonment, fines, and, in certain cases, capital punishment, providing a range of consequences for different offenses.
  • Degree of Punishment: The gravity of punishment aligns with the seriousness of the crime, with more severe acts attracting harsher penalties as per the IPC.

Application and Significance:

  • Guiding Sentencing: The IPC's punishment provisions aid judges in determining suitable sentences, factoring in elements like the nature of the crime and the offender's culpability.
  • Deterrence and Rehabilitation: These provisions not only discourage potential wrongdoers through penalties but also play a role in rehabilitating offenders and safeguarding society.

Real-Life Example:

  • Theft and Its Penalties: The IPC outlines punishment for theft, where the severity of penalty corresponds to the value of the stolen property. Higher-value thefts lead to more stringent punishments, exemplifying the proportional nature of the IPC's provisions.

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