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Is homo-sexual relation between two consenting adults is an offence? Discuss. (10 Marks)
What offences have been committed in the following cases and by whom?
(i) ‘A’, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as ‘A’. The act is not committed. (5 Marks)
(ii) ‘A’ knows ‘Z’ to be behind a bush. ‘B’ does not know it. ‘A’ intending to cause or knowing it to be likely to cause ‘Z’s death induces ‘B’ to fire at the bush. ‘B’ fires and kills ‘Z’. (5 Marks)
(iii) ‘A’ instigates ‘B’ to set fire to a dwelling house. ‘B’, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of ‘A’s instigation. (5 Marks)
(iv) ‘A’, intending to cause a theft to be committed, instigates ‘B’ to believe that the property belongs to ‘A’. ‘B’ takes the property out of ‘Z’s possession in good faith. believing it to be ‘A’ s property. (5 Marks)
(v) ‘A’ offers a bribe to ‘B’, a public servant, as a reward for showing ‘A’ some favour in the exercise of ‘B’s official function. ‘B’ accepts the bribe. (5 Marks)
(vi) ‘A’ instigates ‘B’ to give false evidence. ‘B’, in consequence of the instigation, gives false evidence. (5 Marks)
Discuss the Constitutional validity of section 497 of IPC in the light of case law. (10 Marks)
Sections 304-B and 498-A of the Indian Penal Code, are not mutually exclusive (Elaborate your answer with decided cases). (15 Marks)
Amar Singh was arrested by custom officers while in possession of a suit case which he believed to contain prohibited drugs whereas on analysis the drugs in the suitcase were found to be only snuff or harmless vegetable matter. Amar Singh had admitted to the custom officers after his arrest that he was dealing in the prohibited drugs. He was charged under section 511 of the Indian Penal Code, with attempting to commit the offence of being knowingly concerned in dealing with and harboring prohibited drugs. Decide and give reasons. (10 Marks)
Capital punishment can be awarded to a guilty person in rarest of rare case. What are the cardinal questions that you would like to address while awarding death sentence to a murderer in the light of the decisions of the Apex Court? (10 Marks)
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