BNS General Principles: Exceptions, Private Defence and Group Liability — Practice

Question 1

Which BNS section replaces IPC Section 34?

Accepted Answer

BNS Section 3(5).

Question 2

Name the new form of punishment added by BNS Section 4.

Accepted Answer

Community service.

Question 3

State the test for unsound mind under BNS Section 22 (IPC 84).

Accepted Answer

At the time of the act, the person, by reason of unsoundness of mind, must be incapable of knowing the nature of the act or that it is wrong or contrary to law. Legal insanity differs from medical insanity.

Question 4

State the protection given to children under BNS Sections 20 and 21.

Accepted Answer

A child under seven years is completely immune from criminal liability, and a child between seven and twelve is protected if of immature understanding of the nature and consequences of the act.

Question 5

State two limits on the right of private defence.

Accepted Answer

There is no right against a public servant acting in good faith, and none where there is time to seek help from public authorities. The force used must not exceed what is necessary, so the right is preventive and not punitive.

Question 6

Distinguish common intention (BNS 3(5)) from common object (BNS 190).

Accepted Answer

Common intention needs at least two persons who share a prior meeting of minds and act together in furtherance of it, and participation is required. Common object applies to members of an unlawful assembly of five or more persons, who are liable for offences committed in prosecution of the common object, and mere membership suffices without active participation. Common intention is a rule of evidence, not a separate offence.

Question 7

A, B and C go to settle a land dispute with X. A has a gun, B and C carry sticks. A shoots X dead while B and C hold X's brother back. Discuss liability.

Accepted Answer

The question is common intention under BNS 3(5). If the plan, shown by conduct such as arming and acting together, was to kill, each is liable for murder. If the plan was only to beat or threaten, B and C are liable for hurt, and A alone for murder, since the shooting exceeded the common intention. A prior meeting of minds can be inferred from conduct at the scene.

Question 8

Which BNS section punishes attempt to commit offences generally, and what is the old IPC section?

Accepted Answer

BNS Section 62, which corresponds to IPC Section 511.

Practice — BNS General Principles: Exceptions, Private Defence and Group Liability

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