Passage-based CLAT criminal law practice questions covering theft, culpable homicide vs murder, private defence, criminal conspiracy and grievous hurt — with detailed answers and explanations.
Theft (Section 303 BNS / Section 378 IPC) involves dishonestly taking movable property out of the possession of another without that person’s consent and moving it. The intention to take dishonestly must be present at the time of taking.
Arjun, a hotel guest, took a painting from the hotel lobby intending to return it the next morning as a prank. The painting was discovered missing in the night and hotel security suspected Arjun. Arjun argues that he did not intend to permanently deprive the hotel of the painting, so the taking is not theft.
Explanation: Section 378 IPC defines theft as a taking "dishonestly" — a temporary dishonest deprivation also qualifies. The painting was moved without consent.
Culpable homicide (Section 100 BNS / Section 299 IPC) is causing death with the intention or knowledge of causing death. Murder (Section 101 BNS / Section 300 IPC) is culpable homicide with additional aggravating intent or knowledge. The distinction lies in the degree of intention or knowledge.
During a heated argument, Kavita pushed her husband, who fell backwards, hit his head on a stone and died. Kavita had not intended to kill him but had pushed him with force. She is charged with murder.
Explanation: Without intent to cause death or serious injury likely to cause death, the offence falls under culpable homicide not amounting to murder, often punishable under Section 105 BNS.
Private defence (Section 34–43 BNS / Section 96–106 IPC) is a general exception that allows a person to use reasonable force to defend their own body or another’s body from attack. The force used must be proportionate to the threat.
Deepak, walking home at night, was suddenly attacked by a stranger with a knife. Deepak grabbed a metal pipe from the roadside and struck the attacker on the head. The attacker died. Deepak claims self-defence.
Explanation: Private defence allows proportionate force. Against an attacker with a knife, using a metal pipe is not clearly disproportionate.
Criminal conspiracy (Section 61 BNS / Section 120A IPC) is an agreement between two or more persons to commit an illegal act, or to do a legal act by illegal means. The mere agreement is the offence; no overt act is required for the offence of conspiracy (except where the conspiracy is to commit an offence not punishable with death, imprisonment for life, or rigorous imprisonment for two years or more).
Three friends — Amit, Bhavesh, and Chirag — met at a cafe and discussed planning a bank robbery. They made a rough sketch of the bank layout but took no further action. The police learned of the discussion and charged them with criminal conspiracy.
Grievous hurt (Section 114 BNS / Section 320 IPC) is specifically defined hurt including emasculation, permanent loss of sight, deafness, loss of limb, and severe injury causing 20+ days of pain or inability to pursue ordinary occupation. The distinction between simple and grievous hurt determines punishment severity.
In a brawl, Suresh punched Arvind in the eye. Arvind suffered permanent loss of vision in the injured eye and was unable to return to his job as a driver. Suresh argues that a single punch cannot amount to grievous hurt.
Culpable homicide vs murder distinction, private defence, theft and misappropriation, grievous vs simple hurt, criminal conspiracy, and general exceptions are the most frequently tested criminal law topics.
Know the provision-number changes between IPC and BNS for core topics (theft, murder, culpable homicide, hurt, private defence) but do not try to memorise every section number.
Through passage-based principle-application. CLAT typically provides the relevant principle in the passage and asks you to apply it to a fact pattern. Memorisation of case law is not usually required.
Murder is an aggravated form of culpable homicide. All murder is culpable homicide, but not all culpable homicide is murder. The key difference lies in the degree of intent or knowledge under Section 300 IPC / Section 101 BNS.