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LLB 3 years Sem 2 Law of Crimes May 2016 Question Paper with Solutions

Mumbai University Solved Question Papers

Law of Crimes

Previous Year Question Paper with Solution

LLB 3 years · Sem 2

May 2016 Examination

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Mumbai

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First published on munotes.in on 17 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by the University of Mumbai at the May 2016 examination.

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The Paper as Set

The questions in this volume are the questions asked at the May 2016 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 3 hours  ·  Total marks 100  ·  25 questions answered

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

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SECTION I

Answer in not more than two sentences, all 10 20 Marks

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1.What is not Consent as per Section 90?[2]

Answer

Section 90 of the Indian Penal Code, 1860 is now section 28 of the Bharatiya Nyaya Sanhita, 2023. The Code does not define consent positively. It says when consent is not valid consent for any section of the Code.

Consent is not valid in three cases.

  1. Fear or misconception. It is given under fear of injury, or under a misconception of fact. The person doing the act must know, or have reason to believe, that it was given because of that fear or misconception.
  2. Incapacity. It is given by a person who cannot understand the nature and consequence of what he consents to. The cause is unsoundness of mind or intoxication.
  3. Age. It is given by a person under twelve years of age, unless the context shows otherwise.

Why it matters. Several general exceptions depend on consent. Consent of the person harmed may protect the doer under sections 25 to 27. Section 28 tells us when such consent is worthless.

Examples.

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  1. A threatens to beat Z unless Z lets A take his watch. Z's "consent" is given under fear and is not valid.
  2. A tells Z, falsely, that a drink is medicine, and Z agrees to drink it. Z's consent is given under a misconception of fact.
  3. A child of ten agrees to a dangerous game. The consent is not valid, because the child is under twelve.

In sexual offences. Section 63 has its own, stricter rule. A girl under eighteen cannot consent to sexual acts at all.

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