Introduction: According to Austin “Crime is any act or omission which the Law punishes.” “Offence” is defined as an act punisha…
Introduction:
According
to Austin “Crime is any act or omission which the Law
punishes.”
to Austin “Crime is any act or omission which the Law
punishes.”
“Offence” is defined as an act punishable
under the Indian penal code.
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.
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.
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.
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.
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.
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.
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
Concepts Under Criminal Law
Maxim
“Actus Non Facit Reum Nisi Mens Sit Rea”
“Actus Non Facit Reum Nisi Mens Sit Rea”
Act does not
constitute guilt unless done with a guilty intent.
constitute guilt unless done with a guilty intent.
Ingredients
of Crime:
of Crime:
1.
Actus Reus means an act Prohibited by Law
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
: Omission or commission of an act prohibited by law constitutes an offence
Existence
of legal duty
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.
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.
Ø Legal
Presumption- a man has to have intended the Natural Consequence of his acts.
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”
following offences. Exceptions to “Mens Rea”
(i) Offences
against state: Waging War, Sedition
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.)
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”
“Ignorancia
Juris Non Excusat”
Ø Ignorance
of law is not an excuse in criminal Law.
of law is not an excuse in criminal Law.
Ø Mistake
of fact is allowed but Mistake of Law can’t be ignored.
of fact is allowed but Mistake of Law can’t be ignored.
Ø Lex
Loci : Even a Foreigner must know Law of the land.
Loci : Even a Foreigner must know Law of the land.
Four
Stages of commission of crime
Stages of commission of crime
1.
Intention to commit Crime.
Intention to commit Crime.
Ø Not
Punishable
Punishable
2.
Preparation to commit crime
Preparation to commit crime
Ø Generally not punishable
3.
Attempt to commit crime :
Attempt to commit crime :
Ø Punishable
4.
Commission of Crime :
Commission of Crime :
Ø Punishable
a)
Intention:
Intention:
Mere intention to commit a crime, not followed by an
act, does not constitute an offence.
act, does not constitute an offence.
b)
Preparation:
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:
commission of an offence. There is no provision under IPC to punish acts done
in the stage of preparation, the exceptions being:
i.
To wage war against the State;
To wage war against the State;
ii.
To commit dacoity
To commit dacoity
c)
Attempt:
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.
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.
d)
Commission:
Commission:
The
last stage in the commission of a crime is that it is successfully committed
and the consequences of the crime results.
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:
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.
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
Law punishes
A.
Contracts
Contracts
B.
Tort
Tort
C.
Crime
Crime
D.
None of the above
None of the above
Ans:
C
C
2.
An act punishable by the Indian Penal Code is
An act punishable by the Indian Penal Code is
A.
Offence
Offence
B.
Torts
Torts
C.
Contracts
Contracts
D.
All of the above
All of the above
Ans:
A
A
3. The IPC was enacted on?
A.
6th Nov 1860
6th Nov 1860
B.
6th Oct 1860
6th Oct 1860
C.
1st Jan 1860
1st Jan 1860
D.
1st Jan 1862
1st Jan 1862
Ans:
B
B
4.
When did the IPC come into force?
When did the IPC come into force?
A.
6th Nov 1860
6th Nov 1860
B.
6th Oct 1860
6th Oct 1860
C.
1st Jan 1860
1st Jan 1860
D.
1st Jan 1862
1st Jan 1862
Ans:
D
D
5. The code was drafted in 1860 on the
recommendations of first law commission of India under the Chairmanship of?
recommendations of first law commission of India under the Chairmanship of?
A.
Lord Dalhousie
Lord Dalhousie
B.
Lord Radcliff
Lord Radcliff
C.
Lord Denning
Lord Denning
D.
Lord Macaulay
Lord Macaulay
Ans:
D
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
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
Substantive law
B. Procedural law
C.
Bill
Bill
D.
None of the above
None of the above
Ans:
A
A
7.
___________________, addresses these procedural aspects of criminal law
___________________, addresses these procedural aspects of criminal law
A.
Indian Penal Code
Indian Penal Code
B.
Code of Civil Procedure
Code of Civil Procedure
C.
The Code of Criminal Procedure
The Code of Criminal Procedure
D.
Both B. and C
Both B. and C
Ans:
C
C
8.
Mens Rea means
Mens Rea means
A.
Bad faith
Bad faith
B.
Good faith
Good faith
C.
Guilty mind
Guilty mind
D.
None of the above
None of the above
Ans:
C
C
9.
Actus Non Facit Reum Nisi Mens Sit Rea means
Actus Non Facit Reum Nisi Mens Sit Rea means
A.
Mere commission of act makes the person guilty
Mere commission of act makes the person guilty
B.
Act done under good faith makes a person guilty
Act done under good faith makes a person guilty
C.
Act done without a guilty mind does not make the person guilty
Act done without a guilty mind does not make the person guilty
D.
All of the above
All of the above
Ans:
C
C
10. Exceptions to “Mens Rea” are
A.
Offences against state
Offences against state
B. Kidnapping and Abduction
C.
Counterfeiting Indian coins
Counterfeiting Indian coins
D.
All of the above
All of the above
Ans:
D
D
11.
Ignorancia Juris Non Excusat means
Ignorancia Juris Non Excusat means
A.
Ignorance of fact is not excusable
Ignorance of fact is not excusable
B.
Ignorance of fact is excusable
Ignorance of fact is excusable
C.
Ignorance of law is not excusable
Ignorance of law is not excusable
D.
Ignorance of law is excusable
Ignorance of law is excusable
Ans:
C
C
12.
The following is not one of the stages of commission of crime
The following is not one of the stages of commission of crime
A.
Intention
Intention
B.
Preparation
Preparation
C.
Consent
Consent
D.
Attempt
Attempt
Ans:
C
C
13.
Mere intention to commit a crime, not followed by an act
Mere intention to commit a crime, not followed by an act
A.
Constitutes an offence
Constitutes an offence
B.
Does not constitute an offence
Does not constitute an offence
C.
Is punishable
Is punishable
D.
None of the above
None of the above
Ans:
B
B
14.
Intention to commit a crime is
Intention to commit a crime is
A.
Punishable
Punishable
B.
Not punishable
Not punishable
C.
Attempt
Attempt
D.
None of the above
None of the above
Ans:
B
B
15. There is no provision under IPC to punish
acts done in the stage of preparation, except when
acts done in the stage of preparation, except when
A.
Waging a war against State
Waging a war against State
B.
Committing dacoity
Committing dacoity
C.
All of the above
All of the above
D.
None of the above
None of the above
Ans:
C
C
16.
Which one of the following constitutes an attempt?
Which one of the following constitutes an attempt?
A.
There must be an act done with the intention of committing an offence
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
It must be done in attempting the commission of the offence
C.
For the purpose of committing that offence
For the purpose of committing that offence
D.
All of the above
All of the above
Ans:
D
D
17.
Attempt to commit an offence is
Attempt to commit an offence is
A.
Punishable
Punishable
B.
Not punishable
Not punishable
C.
Preparation
Preparation
D.
None of the above
None of the above
Ans:
A
A
18.
A person buys a gun, loads it and declares his intention to shoot a person.
This is
A person buys a gun, loads it and declares his intention to shoot a person.
This is
A.
Intention
Intention
B.
Preparation
Preparation
C.
Attempt
Attempt
D.
Commission
Commission
Ans:
B
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 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
Intention
B.
Preparation
Preparation
C.
Attempt
Attempt
D.
Commission
Commission
Ans:
C
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?
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
Yes
B.
No
No
C.
Maybe
Maybe
D.
None of the above
None of the above
Ans: B
