MCQ 2 Dec 2023

Daily Static MCQs for CLAT Prelims Exams - (2 December 2023)

In a heart wrenching case, where a girl committed suicide by setting herself on fire due to physical and mental torture committed by her in-laws demanding dowry, the Supreme Court convicted the appellants under Section 306 IPC (abetment of suicide) and Section 498A (cruelty against a married woman) read with Section 34 IPC based on the dying declaration made by her. Her dying declaration even while suffering burn injuries (70-80%) proved critical in the end, even as her own father and all other witnesses had turned hostile in this case. The Court observed that “dying declaration made while suffering burn injuries upto 70-80% would be acceptable if made consciously. It also summed up the principles related to dying declaration inVikas v. State of Maharashtra. In this case, the conviction under Section 304B (dowry death)could not be sustained, due to lack of a direct connection between the dowry demand and the death. But at the same time, the Court held that“a conviction under Section 498-A can be upheld despite acquittal under section 304-B IPC since the former has a broader scope.” The Court observed that “Omission to frame charge doesn’t disable court from convicting accused for an offence proved by evidence on record.” Therefore, it held that“accused persons are liable to be convicted for the offence punishable under Section 306 IPC though charge was not framed.”

Question1:-A newly married wife committed suicide as a result of persistent demand for a T.V set, refrigerator, and scooter by her husband. She was put through harassment with a view to coerce her to ask her brothers to meet that unlawful demand, and once the brothers had to pay a sum of Rs 5000, it only encouraged the husband to continue harassing her. Decide.
  • A. The husband is guilty under section 498A for asking for dowry from his wife.
  • B. The husband is not guilty under section 498A for cruelty to his wife.
  • C. The husband is guilty under section 498A for driving his wife to commit suicide by making persistent demands.
  • D. The husband is liable for committing the murder of his wife.
Answer is C is correct. Section 498A states that if the husband or any relative of the husband subjects the woman to cruelty such as making unlawful demands from her or anyone related to her which causes the woman to commit suicide is liable to be punished. In the given case, all these factors are clearly visible. Hence, c) is the correct answer.
Question2:-Consider the following statements with respect to Cruelty as provided under the Indian Penal Code?
  • A. Any misunderstanding between husband and wife which gives rise to abuse occasionally amounts to cruelty.
  • B. Cruelty by the husband stops his wife from committing any offence such as adultery.
  • C. A woman is said to be subjected to cruelty when her husband harasses her mentally and physically and beats her black and blue daily after coming home drunk.
  • D. A woman is said to be subjected to cruelty if the husband does not willfully neglect to maintain her and take care of her medical needs.
Answer is C is correct. The term cruelty under section 498A covers any willful conduct by the husband which causes grave injury to the woman. Therefore, with regard to cruelty, it can be inferred from the passage that a woman is said to be subjected to cruelty when she is harassed by her husband mentally and physically along with beatings daily. These incidents can pile up and drive the woman to commit suicide which is also covered under the term cruelty. In the given circumstances, the scope of cruelty is as mentioned under the Indian Penal Code. Hence, c) is the correct answer.
Question3:-X married Y in 2003 where Y’s parents demanded a dowry of Rs 50,000 from X’s parents. X’s parents were able to pay a sum of Rs 20,000 and assured to pay the remaining in the coming days. Y, being in the army, stayed away from home for more than 6 months and X lived with Y’s parents. A few years later, in the absence of Y, X’s in-laws started to consistently demand a sum of Rs 30,000 and a motor vehicle. Her in-laws also used to give her all the house chores and slap her and pull her hair if she failed to complete the chores. Their objective was to fulfil their demand for the sum of the money. X had tried to reach out to her parents and explain how she was ill-treated. Unfortunately, she set herself on fire as her parents were not able to fulfil her in-law’s demands. Decide.
  • A. Y will be punishable under section 498A for subjecting his wife to cruelty in exchange for demanding dowry.
  • B. Both Y and his parents will be held liable for subjecting X to cruelty under section 498A.
  • C. Y’s parents are liable to be punished under section 498A for subjecting X to cruelty.
  • D. Y’s parents are liable for the offence of committing the murder of X.
Answer is C is correct. In the above-mentioned case, the ingredients of cruelty as stated under section 498A of the Indian Penal Code fits well. In the absence of Y, who is the husband of X, Y’s parents subjected X to cruelty in the form of persistent willful demand for dowry and physically abusing her which amounts to cruelty. Therefore, only Y’s parents will be held responsible for subjecting X to cruelty. Hence, c) is the correct answer.
Question4:-Assume that in April 2021, the government changes Section 498A of the IPC. The effect of this change is that asking a married woman to do household chores even for their own family by herself would be considered cruelty, and therefore, an offence under the Section. Few days later when this change came into effect, Shamita who is Ashima’s friend at work, shares with her that her husband has been forcing her to do all the household work by herself. Ashima tells Shamita that her husband’s actions would amount to an offence under Section 498A of the IPC, even though Ashima herself has been unsuccessful in having her husband Ashwin convicted under this Section in the past and Ashima advices her that she can file a case against Shamita’s husband on her behalf. Is Ashima’s advice to Shamita correct?
  • A. Yes, because Shamita’s husband’s actions would be an offence under the changed Section 498A of IPC.
  • B. No, because Ashima was unsuccessful in convicting Ashwin under the Section 498A in the past.
  • C. No, only Shamita can file case against her husband
  • D. Can’t be determined
Answer is D is correct. Since Ashima is only Shamita’s friend and only the married woman herself can file a complaint against her husband under Section 498A of the IPC. Hence, C is the correct option.