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IPC Study Notes _ Introduction (3)

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12 views6 pages

IPC Study Notes _ Introduction (3)

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ayush.yadav.rmlnlu
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IPC Study Notes : Introduction

Introduction:

According to Austin “Crime is any act or omission which the Law punishes.”
“Offence” is defined as an act punishable under the Indian penal code.
State punishes the wrongdoers through its agency (law and order mechanisms in place), as the
State is under obligation to ensure peace and security in society.
To Administer Justice, Law Machinery sets general principle of Criminal liability.
Features of Indian Penal Code
● The Indian Penal Code was enacted (to establish by law) in 1860 and was enforced (to put
into execution) in 1862.

Lord Macaulay acted as the chairman of the drafting committee of the IPC. Basically, IPC is a piece
of substantive law. A substantive law merely defines various ‘offences’ or ‘crimes’ and states the
maximum punishment that can be meted out in each case.
● It does not tell the procedure by which the accused is prosecuted and punished. The Code of
Criminal Procedure, 1973, addresses these procedural aspects of criminal law.

Basic Concepts Under Criminal Law


Maxim “Actus Non Facit Reum Nisi Mens Sit Rea” .Act does not constitute guilt unless done with a
guilty intent.

Ingredients of Crime:
1. Actus Reus means an act Prohibited by Law
2. Mens Rea means guilty mind

Note : Omission or commission of an act prohibited by law constitutes an offence


Existence of legal duty

“Mens Rea” refers to the mental element necessary to the particular crime and the mental element
may be either intention to the immediate act or bring about the consequence or recklessness as to
such act or consequence.

Legal Presumption- a man has to have intended the Natural Consequence of his acts.
Mens Rea is not required in following offences. Exceptions to “Mens Rea”
(i) Offences against state: Waging War, Sedition
(ii) Kidnapping (Whoever conveys any person beyond the limits of India without the consent of that
person or of some person legally authorized to consent on behalf of that person, is said to kidnap
that person from India) and Abduction (Whoever by force compels, or by any deceitful means
induces, any person to go from any place is said to abduct that person.)
(iii) Counterfeiting Indian coins

Maxim “Ignorancia Juris Non Excusat”


Ignorance of law is not an excuse in criminal Law.
Mistake of fact is allowed but Mistake of Law can’t be ignored.
Lex Loci : Even a Foreigner must know Law of the land.

Four Stages of commission of crime


1. Intention to commit Crime. Not Punishable
2. Preparation to commit crime - Generally not punishable
3. Attempt to commit crime : Punishable
4. Commission of Crime : Punishable

1. Intention:
Mere intention to commit a crime, not followed by an act, does not constitute an offence.

2. Preparation:
Preparation consists in devising means for the commission of an offence. There is no provision
under IPC to punish acts done in the stage of preparation, the exceptions being:
1. To wage war against the State;
2. To commit dacoity

3. Attempt:
It is a direct movement towards the commission after the preparations is made. To constitute the
offence of attempt, there must be an act done with the intention of committing an offence and for the
purpose of committing that offence, and it must be done in attempting the commission of the offence.

4. Commission:
The last stage in the commission of a crime is that it is successfully committed and the
consequences of the crime results.

Difference between preparation and attempt:


Preparation consists in devising /arranging the means necessary for the commission of the offence.
Attempt is a direct movement towards the commission after the preparation is made.
Ex. A person buys a gun, loads it and declares his intention to shoot a person, but until some
movement, is made to use the weapon upon his intended victim, there is only preparation and not an
attempt.

Practice Exercise
1. ___________ is any act or omission which the Law punishes
A. Contracts
B. Tort
C. Crime
D. None of the above
Ans: C

2. An act punishable by the Indian Penal Code is


A. Offence
B. Torts
C. Contracts
D. All of the above
Ans: A

3. The IPC was enacted on?


A. 6th Nov 1860
B. 6th Oct 1860
C. 1st Jan 1860
D. 1st Jan 1862
Ans: B

4. When did the IPC come into force?


A. 6th Nov 1860
B. 6th Oct 1860
C. 1st Jan 1860
D. 1st Jan 1862
Ans: D

5. The code was drafted in 1860 on the recommendations of first law commission of India under the
Chairmanship of?
A. Lord Dalhousie
B. Lord Radcliff
C. Lord Denning
D. Lord Macaulay
Ans: D

6. IPC merely defines various ‘offences’ or ‘crimes’ and states the maximum punishment that can be
meted out in each case. It is a
A. Substantive law
B. Procedural law
C. Bill
D. None of the above
Ans: A

7. ___________________, addresses these procedural aspects of criminal law


A. Indian Penal Code
B. Code of Civil Procedure
C. The Code of Criminal Procedure
D. Both B. and C
Ans: C

8. Mens Rea means


A. Bad faith
B. Good faith
C. Guilty mind
D. None of the above
Ans: C

9. Actus Non Facit Reum Nisi Mens Sit Rea means


A. Mere commission of act makes the person guilty
B. Act done under good faith makes a person guilty
C. Act done without a guilty mind does not make the person guilty
D. All of the above
Ans: C

10. Exceptions to “Mens Rea” are


A. Offences against state
B. Kidnapping and Abduction
C. Counterfeiting Indian coins
D. All of the above
Ans: D

11. Ignorancia Juris Non Excusat means


A. Ignorance of fact is not excusable
B. Ignorance of fact is excusable
C. Ignorance of law is not excusable
D. Ignorance of law is excusable
Ans: C

12. The following is not one of the stages of commission of crime


A. Intention
B. Preparation
C. Consent
D. Attempt
Ans: C

13. Mere intention to commit a crime, not followed by an act


A. Constitutes an offence
B. Does not constitute an offence
C. Is punishable
D. None of the above
Ans: B

14. Intention to commit a crime is


A. Punishable
B. Not punishable
C. Attempt
D. None of the above
Ans: B

15. There is no provision under IPC to punish acts done in the stage of preparation, except when
A. Waging a war against State
B. Committing dacoity
C. All of the above
D. None of the above
Ans: C

16. Which one of the following constitutes an attempt?


A. There must be an act done with the intention of committing an offence
B. It must be done in attempting the commission of the offence
C. For the purpose of committing that offence
D. All of the above
Ans: D

17. Attempt to commit an offence is


A. Punishable
B. Not punishable
C. Preparation
D. None of the above
Ans: A

18. A person buys a gun, loads it and declares his intention to shoot a person. This is
A. Intention
B. Preparation
C. Attempt
D. Commission
Ans: B

19. A person buys a gun, loads it and declares his intention to shoot a person. He fires but the
person ducks and saves himself. This is
A. Intention
B. Preparation
C. Attempt
D. Commission
Ans: C

20. Maya in a fit of rage tells Chaya that she wants her to die. Chaya gets struck by lightning and
dies the next day. Will Maya be held liable?
A. Yes
B. No
C. Maybe
D. None of the above

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