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Offences affecting the Human Body Questions and Answers

1.

Which of the following Sections of IPC are concerned with Dowry Death ?

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: D

Dowry death is dealt with in Section 304B of the IPC.

Section 304B, added in 1986, provides that where a woman dies of burns or bodily injury, or otherwise than under normal circumstances, within seven years of marriage, and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry, the death is a dowry death and the husband or relative is deemed to have caused it. The punishment is imprisonment for not less than seven years, up to life.

Section 302 is the punishment for murder, Section 304 for culpable homicide not amounting to murder, and Section 304A for causing death by negligence.

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2.

'Z' while walking along a deserted road at night during winter saw a just born baby abandoned on a side. For a moment be realized that he could save the baby without appreciable trouble, expense or loss of his time and also felt that if the baby is left over unprotected, it might die. But he did nothing and went away. 'P' another person also passed through that road and saw the baby and acted just like 'Z' and went away. Next morning the infant baby died of exposure. Decide who is responsible ?

Exam Year(s)

UGC NET - 2012,

Answer: D

Neither Z nor P is legally responsible, so (D) is correct. Z and P were strangers to the child, and the Indian Penal Code does not make a person criminally liable merely because he fails to help someone he sees in danger. A legal duty to act arises from a relation, such as that of a parent or guardian under Section 317, or from a contract or statute, and none exists here. Their omission is a moral failing and not an offence. Options (A), (B) and (C) assume that a bystander has a legal duty to rescue, and they punish for negligence or for a lack of compassion, which are not offences in the circumstances.

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3.

One of the essentials of holding a person responsible for dowry death is

Exam Year(s)

UGC NET - 2012,

Answer: B

The keyed answer is (B), subjected to harassment for dowry. Under Section 304B of the Indian Penal Code, a death of a woman is a dowry death if it occurs within seven years of marriage by burns or bodily injury or otherwise than under normal circumstances, and if soon before her death she was subjected to cruelty or harassment by her husband or his relatives for, or in connection with, a demand for dowry. Harassment for dowry is therefore the essential element. Option (A), harassment by peer groups, has no basis in the section. Option (C) names suspicious circumstances, which are not the same as the harassment itself. Option (D) is wrong because option (A) is not an element.

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