LAW OF CRIMES- I

Dr. Saadiya
Assistant Professor,
Faculty of Law,
Jamia Millia Islamia
CRIMINAL LAW/PENAL LAW
 Instrument of social control.
 Infliction of state punishment

 Criminalizing a certain kind of conduct deemed

‘harmful’ and ‘undesired.’
 Punishing the perpetrators, posing threat to prospective
violators.
 Safeguarding personal safety, security of life, liberty and
property.
DEFINING CRIME?
 Difficult to Define

 Human conduct believed to be inimical to social interests is labeled

as crime.
 What is inimical to social interests?
 Moral values, ethics, sentiments are flexible terms and differ from
country to country.
 Example- Adultery, incest, polygamy etc.
CRIME AND MORALITY?
 Crime narrower than morality.
 Sinful thoughts and dispositions of mind might be subject
of confession and of penance but not criminal proceedings.
 What is the yardstick for immorality? Example-
decriminalization of adultery, consensual homosexuality.
 Most crimes are moral wrongs but not all moral wrongs are
crimes. Eg. Rich man not doing charity in times of drought.
 All crimes are not morally wrong. Eg. Driving dangerously
on a public road.
 Criminal law confined to definite overt acts and omissions.
CRIME AND TORT?
Tort Crime

 Civil wrong  Public Wrong

 Injury to individual  Offence against public at

 Remedy- Unliquidated large.

damages  Remedy- fine/punishment

 Object- compensation  Object- punish

 Civil court  Criminal Court

 Uncodified  Codified
 A crime may be an act of disobedience to such a law
forbidding it.
 But mere disobedience of all laws is not a Crime.
 A crime would mean something more than mere
disobedience of the laws.
DEFINITION
 Sir William Blackstone defined Crime as "an act
committed or omitted in violation of Public Law
forbidding or commanding it".
 Sir James Stephen
"Crime is an act forbidden by law and revolting to the
moral sentiments of the society".
 Kenny
"Crimes are wrongs whose sanction is punitive and in no
way remissible by an private person, but is remissble by
the Crown alone, if remissible at all"
 Stephen
"Crime is an act which is forbidden by law and revolting
to the moral sentiments of the society".
 Russel

“A crime is a result of human conduct which the penal

policy of state seeks to prevent.”
 Jerome Hall
 Some external consequence or harm to social interest.
 Harm must be prohibited by penal law.
 There must be a “conduct” that brings the prohibited action.
 There must be mens rea or criminal intent
 Mens rea and conduct must concur.
 There must be “causal” relation between legally prohibited
harm and voluntary misconduct.
 Legally prescribed ‘punishment’ or ‘threat of punishment.’
 the Indian Penal Code, 1860
 Section 40 defines “offence”
 Except in the Chapters and sections mentioned in clauses 2
and 3 of this section, the word "offence" denotes a thing
made punishable by this Code.
 In Chapter IV, 3*[Chapter VA] and in the following sections,
namely, sections 4*[64, 65, 66, 5*[67], 71], 109, 110, 112,
114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221,
222, 223, 224,225, 327, 328, 329, 330, 331, 347, 348, 388,
389 and 445, the word "offence" denotes a thing punishable
under this Code, or under any special or local law as
hereinafter defined. And in sections 141, 176, 177, 201, 202,
212, 216 and 441, the word "offence" has the same meaning
when the thing punishable under the special or local law is
punishable under such law with imprisonment for a term of
six months or upwards, whether with or without fine.]
 Special law and local law defined in section 41 and 42.
 Criminal Procedure Code, 1973
 Section 2(n)
 "offence" means any act or omission made punishable by any
law for the time being in force and includes any act in respect
of which a complaint may be made under section 20 of the
Cattle-trespass Act, 1871
 “act”
 “omission”

 “any law time being in force”

 Section 32 IPC: Words referring to acts include illegal
omissions.--In every part of this Code, except where a
contrary intention appears from the context, words which
refer to acts done extend also to illegal omissions.
SCHEME OF INDIAN PENAL
CODE
 General Principles  Specific Offences
 the principles of criminal  rules defining individual
liability, crimes and
 defences to criminal  prescribing punishments
liability, for them that apply the
general principles and
doctrines to particular
– Sections 1-120-B & 511 crimes.

– Sections 121-510
COMPONENTS OF CRIME
 Act/Omission punishable by Penal Law of the State
 Act/Omission committed by a human being causing
injury to human being.
 Actus reus – Guilty act

 Mens rea – Guilty mind

 Cardinal principle Actus non facit reum nisi mens sit

rea(the act itself does not constitute guilt unless done
with a guilty intent)
MENS REA UNDER IPC
 Not mentioned but doctrine incorporated in two ways.
 Mens rea included in the definition of the offence
(through terms like ‘dishonestly’, ’fraudulently’,
‘voluntarily’, ‘intentionally’, ‘knowingly’)
 Concept included in the provisions relating to ‘general
exceptions’ in Chapter IV.
 When the definition does not include mens rea, it means
that the liability is strict.
THE INDIAN PENAL CODE
 Object – To provide general penal code for India.
 Came into force from 1.1.1862.
 Applicable to the whole of India except the State
of Jammu and Kashmir.
 Operation of the provisions:
 Territorial– Provisions applicable to offences
committed within India.
 Extra-territorial – Provisions applicable to
a) offences committed by citizens of India
outside India;
b) offences committed on ships and aircrafts
regd. in India
 Indian Penal Code drafted by a 4 member Law
Commission comprising of- Macaulay, Macleod, Millet
and Anderson.
 Passed by the Legislative council of India and received
the assent of the Governor General on October 6, 1860.
 Enforced from January 1, 1862.

 Originally the Code had 488 sections, At present 511

sections.
 Sparingly amended since enactment.

 Major amendment in 2013.

THEMATICALLY DIVIDED
 Chapter I-V General matters relating to extent,
definition, punishment, general exceptions, liability.

 Chapter VI- XV Public matters between individual and

state.

 Chapter XVI- XXII Offences against individuals other

than state.

 Chapter XXIII Residuary in nature laying down

principles of punishment for attempt.
GENERAL EXPLANATIONS (SEC 6-52A)
 Interpretation Clause giving definitions of various terms
in the Code for the purpose of the Code.
 Examples

 ‘Dishonestly’ defined under Section 24

 ‘Counterfeit’ defined under Section 28

 ‘Injury’ defined under Section 44

 Good faith’ defined under Section 52

PUNISHMENTS (SEC 53-75)
 Death
 Imprisonment for Life

 Imprisonment, rigorous or simple

 Forfeiture of Property

 Fine.
CLASSES OF OFFENCES
 Offences against State – 121 to 130
 Waging war and sedition
 Offences relating to Army, Navy and Air Force – 131 to
140
 Offences against public tranquility – 141 to 160
 Unlawful assembly, rioting
 Offences by or relating to public servant – 166 to 171
CLASSES OF OFFENCES
 Offences relating to Elections – 171 A to 171 I
 Contempt of lawful authority of public servants
– 172 to 190
 Obstructing public servant in discharge of his duty,
refusing to take oath, to answer questions or sign
statements etc.
 Falseevidence and offences against public
justice – 191 to 229
 Giving or fabricating false evidence, destroying
evidence, harboring offenders etc.
CLASSES OF OFFENCES
 Offences relating to coins and Government stamps – 230
to 263-A
 Offences relating to weights and measures – 264 to 267

 Offences affecting public health, safety, convenience,

decency and morals – 268 to 294-A
 Various forms of Public nuisance
CLASSES OF OFFENCES

 Offences relating to religion – 295 to 298

 Offences affecting human body – 299 to 377
 Culpable homicide, murder, dowry death, hurt and grievous
hurt, kidnapping and abduction, rape
CLASSES OF OFFENCES

 Offences relating to religion – 295 to 298

 Offences affecting human body – 299 to 377
 Culpable homicide, murder, dowry death, hurt and grievous
hurt, kidnapping and abduction, rape
 Offences against property – 378 to 462
Theft, extortion, robbery, dacoity, criminal misappropriation,
criminal breach of trust, cheating, mischief and trespass
 Offences relating to documents and property marks –
463 to 489-E
Forgery
 Criminal breach of contract of service – 490 to 492
CLASSES OF OFFENCES
 Offences relating to marriage – 493 to 498
 Adultery, bigamy
 Cruelty by husband or relatives of husband – 498-A
 Defamation – 499 to 502

 Criminal intimidation, insult and annoyance – 503 to 510

 Attempt- 511
ELEMENTS OF CRIME
ESSENTIALS OF CRIME
 A human being.
 Mens rea

 Actus reus

 Injury to human being

 Act prohibited by the state and designated as an offence.

 Apart from Actus Reus and Mens Rea there are two more
indispensable elements:
 A human being under a legal obligation to act in a
particular way and capable of being punished.
 An injury to another human being or a society at large.
1. A HUMAN BEING

 Trial and punishment of animals and inanimate objects:

 In the primitive era- idea of criminal law centered
around the idea of retribution.
 Therefore when an animal was punished the feeling of
vengeance was satisfied.
 A.D. 1266: a pig was burned near Paris for having
devoured a child.
 A.D. 1386: A judge condemned a sow to be mutilated in
its legs and head and then to be hung for having lacerated
and kicked a child.
 A.D. 1389: A horse was tried at Dijon on information
given by Magistrates of Montbar and condemned to
death for having kicked a man.
 An appeal on behalf of the delinquent animals was a
common thing in the middle ages in Europe.
 Example of a celebrated lawyer getting acquittal of Rats.

 Interestingly, many times a the owner was punished for

the criminal acts committed by his animals.
 It was also not uncommon to have animals as witnesses
in trials.
 Deodand: Rule in English Law as late as 1846, when it
was abolished.
 Inanimate objects like stone, piece of wood or iron were
tried.
 Later forfeited.
 Indian Criminal jurisprudence did not prescribe the
punishment and trial of animals and inanimate objects as
‘mens rea’ was considered to be a necessary element.
 Presupposes the fact that the offender should be a human
being who must have developed a sufficient maturity of
understanding to know the nature of the act.
 Thus with the development of the notion of Mens Rea,
the concept of punishing animals and inanimate objects
were given up.
 Thus the notion presupposes that the actor must be a
human being.
 First restriction: exclude an outlaw, but outlawry as an
institution has long ceased to exist.
 Second restriction: He should have a body. Now we have
criminal liability for corporations too.
2. MENS REA

 Evil intent
 Other states of mind: will, intention, motive.

 Persons conduct must be voluntary and actuated by a

guilty mind.
 Subjective element of crime

 Intention, transferred intention, intention and motive,

intention and knowledge, recklessness, negligence.
3. ACTUS REUS

 Physical event
 Physical result of human conduct which the law seeks to
prevent.
 Act forbidden or commanded by some statute law.

 Objective element of crime.

4. INJURY TO HUMAN BEING

 Human being or the society at large.

 Illegally caused to any person in body, mind, reputation
or property.