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Penal Laws
Previous Year Question Paper with Solution
LLM · Group 5 Criminal Law and Criminal Administration
2022 Examination
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LLM Group 5 Criminal Law and Criminal Administration Penal Laws 2022 Question Paper with Solutions
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First published on munotes.in on 13 August 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 2022 examination.
The law in these answers is stated as at August 2026, and four changes date most textbooks on this subject. The Indian Penal Code was repealed on 1 July 2024 by the Bharatiya Nyaya Sanhita, 2023, which replaced sedition with section 152; section 124A has been in abeyance since 11 May 2022 and the Supreme Court agreed on 8 August 2025 to examine section 152 itself. Section 66A of the Information Technology Act was finally omitted from the statute book by the Jan Vishwas (Amendment of Provisions) Act, 2023 on 30 November 2023, eight years after Shreya Singhal struck it down, and sections 72 and 72A were decriminalised the same day. The Cyber Appellate Tribunal was abolished by the Finance Act, 2017 on 26 May 2017 and appeals now lie to the Telecom Disputes Settlement and Appellate Tribunal. And section 2(54) of the Juvenile Justice Act, 2015 was substituted on 1 September 2022 to enact Shilpa Mittal.
Contents
The questions below are the paper as the University of Mumbai set it at the 2022 examination, in the order it was set.
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The Paper as Set
The questions in this volume are the questions asked at the 2022 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 3½ hours · Total marks 100 · 27 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.
SECTION I
Part A short questions, write short notes on any ten of the following, each carrying three marks
any ten of fifteen · 30 Marks
1.Write down examples of activities of organized crime as per Maharashtra Control of Organized Crime Act.[3]
Answer
For full marks, cover: the trap in this question is that MCOCA contains no list. Say that first, give the definition that supplies the examples, and then give the activities that have actually been prosecuted.
The Maharashtra Control of Organised Crime Act, 1999 does not enumerate activities. Section 2(1)(e) defines organised crime by method and objective rather than by a catalogue: any continuing unlawful activity by an individual, singly or jointly, as a member of or on behalf of an organised crime syndicate, by use of violence, threat of violence, intimidation, coercion or other unlawful means, with the objective of gaining pecuniary benefits or undue economic or other advantage for himself or any person, or promoting insurgency.
Section 2(1)(d) supplies the filter. The activity must be a cognizable offence punishable with three years or more, and there must be more than one charge sheet filed within the preceding ten years before a competent court which has taken cognizance.
On that definition the activities habitually prosecuted are extortion and protection rackets, contract killing, kidnapping for ransom, land grabbing and forcible eviction of tenants, illegal betting and matka, organised smuggling of arms and narcotics, vehicle theft rings, hawala and money laundering for a syndicate, and running a gang from inside a prison.
Section 111 of the Bharatiya Nyaya Sanhita, 2023, which now creates a central offence of organised crime on the MCOCA model, does supply the list the State Act omits: kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, cyber crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom.
Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra, (2010) 5 SCC 246, confirms the reading. The Supreme Court upheld the State's competence and held that the words promoting insurgency must be read in the context of the whole definition, which is directed at pecuniary and economic advantage, so that the Act is a law on public order and not on terrorism.
Conclusion. The examples are not statutory. They are whatever cognizable offence of three years or more a syndicate of two or more persons commits for money by violence or intimidation, once its record shows two charge sheets in ten years.
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