Criminal Law Naveen Kumar Shelar - Notes
Criminal Law Naveen Kumar Shelar - Notes
Criminal Law Naveen Kumar Shelar - Notes
Table of Contents
CRIMINAL LAW........................................................................................................................... 1
INTRODUCTION...................................................................................................................... 1
Historical evolution of criminal law............................................................................................1
Crime Nature and definition social & legal context .............................................................1
Definition of Crime....................................................................................................................... 2
What is Offence?..................................................................................................................4
Criminal law.......................................................................................................................... 5
Indian Criminal Law.............................................................................................................. 5
Ingredients to Crime.................................................................................................................6
The elements of crime are a series of components which must be presented in order for it to be
demonstrated that someone is guilty of a crime...........................................................................6
There are four chief element of Crime i.e.....................................................................................6
INTRODUCTION
Historical evolution of criminal law
Starting from Vedic age the law in India has evolved from religious directions, which
operate the human conduct between do and dont. It was not the law of crime but the
law of wrong, and more of religious prescriptions and philosophy which was shaped by
the concept of Dharma, or rules of right conduct. Punishment for wrong was more
popular than compensation, and it was the duty of the King to punish the offender.
During the time of Manu Criminal law was getting it shaped, Manu recognized crime,
justice, and punishment.
During Mugal period, administration of justice was regarded by the Muslim kings as a
religious duty; Quran was the first and the most important source of law and criminal law
was Islamic in nature, and Kazi were considered to be administrator of Criminal Justice,
who explain and clarify the law.
Britishers laid the foundation of Modern Indian Criminal Law. When the Britishers came
into India they adopted a different set of law which was based on British pattern, and it
was not uniform across India.
Definition of Crime
According to Austin: A wrong which is pursued at the discretion of the injured party
and his representatives is a civil injury; a wrong which is pursued by the sovereign or
his subordinates is a crime.
Thus Austin, directly link crime to State, and proceeding initiated by State, where as in
civil wrong the state does not interfere until the injured party or any other party on its
behalf wish to initiate.
Stephen says a crime is a violation of a right considered in reference to the evil
tendency of such violation as regards the community at large.
Stephen also indicates the similar nature of crime violation of right against the
community at large.
Donald also admitted the same thing Crime is a social injury and an expression of
subjective opinion varying in time and place.
According to Keeton, a crime would seem to be any undesirable act which the State
find is most convenient to correct by the institution of proceedings for the infliction of a
penalty, instead of leaving the remedy to the discretion of some injured person.
Paton, the normal marks of a crime are the State has power to control the procedure,
to remit the penalty or to inflict the punishment
As a result it is very difficult to determine a universal definition of crime; Russell also
admitted that to define crime is a task which so far has not been satisfactorily
accomplished by any writer.
However the attributes of crime can be determined i.e.
Anti Social Act
Prohibited by Society or Sovereign
Violation attract punishment
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In T.K. Goptal Vs. State of Karnataka, AIR2000 SC1669 (1673,1674). The Apex Court Held:
Crime can be defined as an act that subjects the doer to legal
punishment. It may also be defined as the commission of an act
specifically forbidden by law; it may be an offence against morality or
social order.
What is Law?
The system of rules or principle which a particular country or society define as
regulating the actions of its members and which it may enforce by the imposition of
penalties. Rule of conduct, which is uniform for all.
In Board of Mining Examination Vs. Ramjee, AIR 1977 SC 965 (967), The
Apex Court Held:
Law is meant to serve the living and does not beat its abstract wings in
the jural void. Its functional fulfillment as social engineering depends
on its sensitized response to situation, subject-matter and the complex
of realities which require ordered control. A holistic understanding is
simple justice to meaning of all legislation.
Thus law is the command for a particular course of conduct. The command may be of a
sovereign or of political superiors to the political inferiors; or it may be the command of a
legally constituted body or a legislation emanating from a duly constituted legislature to
all the members of the society
What is Offence?
Offence means a breach of a law or rule; an illegal act.
In P.Ramanath Aiyars Advance law Lexicon, 3rd Edn.,2005 page 3302,
offence defined as
Commission of
offences
Desire is constructed to will and this will forms motive and this motive forms
intention and intention forms attempt and attempts form commission of offence.
Criminal law
Criminal law is the sets of law that relates to crime. It regulates social conduct and
ensures health, safety, and moral welfare of people. It includes the punishment of
people who violate these laws. Criminal law is a public Law, rest are private law.
In Kartar Sing Vs. State of Punjab, (1994)3, SCC 569 (755) The Apex
Court Held:
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Apart from these three major acts there are other special enactment passed by
Lays down
ways and means by which substantive law can be enforced
Parliament
ofthe
India.
Procedural law
Establish the rights and obligations of individuals, what individuals may or may not do
Ingredients to Crime
The elements of crime are a series of components which must be presented in order for
it to be demonstrated that someone is guilty of a crime.
There are four chief element of Crime i.e.
Sr. Ingredient
No
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1
Mens rea
Meaning
Mental
element
Actus reus
Action
Human
being
Injury
Human
being must
have a
body not a
Animal,
and
Artificial
person
Hurt /
Damage
Qualification
Degree
Prime / essential
Intention
Knowledge
Negligence
Recklessness
Secondary
Consequence
Mind
Body
Reputation
Property
Prime
Mens Rea- Mental element in crime. Intention mens rea means a mental state, in which
a person deliberately violates a law. Thus mens rea means intention to do the prohibited
act. No act per se (itself) is criminal, the act becomes a crime only when it is done with a
guilt mind. It signifies the mental element necessary to convict for any crime. Mens rea
is not the same thing as motive. The mens rea refers to the intent with on which the
criminal act happened. On the other hand, the motive refers to the reason of criminal
act.
In Director of Enforcement v. M/s MCTM Corpn. Pvt.Ltd AIR
1996 SC 1100(1103), the Apex Court held:
Mens rea is a state of mind. Under the criminal law, mens
rea is considered as the guilty intention and unless it is
found that the accused had the guilty intention to
commit the crime he cannot be held guilty of
committing the crime.
Illustration.
A blacksmith is seized by a gang of robbers and he forced to break the doors
of a house for robbery to enter, and the robbers committed a robber.
Q- Whether the Act is voluntary or not.
A- No
Q- Whether the accused have foresight of the consequences.
A-Yes
Conclusion- If there would be two Yes in the above citation then only
it becomes crimes.
Illustration:
A while shooting at a tiger kills B, who was behind the bush , cancelled
(hidden) from his view.
- Act is voluntarily.
- Accused have foresight of the consequences.
- Conclusion: No crime
ExampleMens ReaMurder - Intention to Kill.
Rape - Intention to sexual pleasure without the consent of other.
Human Being
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Injury
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Voluntary
Conduct: Result but not prohibition by law (than no crime) i.e. Solders kills the
enemy.
Exception of Mens rea: Offence against state, police, nuisance, and stick liability
etc Mens rea is not require.
Degree of Mens Rea
Intention
Knowledge
Negligence
Recklessness
Intention Is a basic rule. Intention is to bring about a desired act. An intended to commit
an illegal act
Exm Intention to sustain injury to other like to Kill (intention to caused death).
Presumption of Intention- Natural and probable consequences should be presumed.
Consent- Intention to have sexual pleasure from a person without her consent.
In Allrd v. Selfridge, it was held
Intention to do an act, which is made penal by statute or by
common law.
Knowledge Direct appeal to your senses. Here the probability is very high (against to
commit the act against Law).
Exp to purchase a stolen good. Theft-To taking possession without the consent of the
owner.
Motives- Intention and motives is two different things in a crime. Motive may be to get
anything, Intention to kill the person. Motive may be good or bad, but intention is bad
than it becomes crime. Motive leads to intention, and ulterior intention is motive. In fixing
criminal liability motive may be irrelevant, but intention is maintain or main element.
Recklessness (irresponsibility)-
Illustration:
An executioner (who gives the death sentence) enjoys putting a convicted to death,
because of spite against him.
Intention to Kill- Is irrelevant or it is Illegal.
Motive is bad.
Ill:
A Steal some food from a shop to feed a starving child.
Motive: To save the life of a child
Intention: To Steal.
INTENTION AND KNOWLEDGE
Knowledge- An direct appeal to your senses.
IllA Sets a house on fire in an inhabited locality to facilitate a robbery and there by caused
death of several persons.
Intention: to facilitated in the robbery.
Exp- The intention is not clear in this case but the intention is referred from his
knowledge.
Jud- he is liable for the death of several people because his intention can be inferred
from his knowledge.
IllA attracted by a wild animal he calls out to B to shoot the wild animal in order to save
him, A fires and caused death of A, .
Jud- B is not the held liable, because we cannot infer from his knowledge but the
consent was there.
REASON TO BELIVE.
Section 26 IPCA person is said to have "reason to believe" a thing, if he has sufficient cause
to believe that thing but not otherwise.
IllA comes to B at night under suspicious circumstances to sell a valuable watch for Rs
100 only and A buys it.
Recklessness (irresponsibility)- Basic principle of fixing a criminal liability. Is the
combination of : Foresight and Indifference. DOING SOMETHING WITHOUT THE
KNOWLEDGE BUT THE FORESIGHT.
Illustration:
A drive his cars at a furious speed throw a narrow road, it is a clear case of indifference.
Recklessness:
Case ref: Hudson V/s Vinay- establish first time that recklessness is an activity of
mental indifference to obvious risks.
NEGLIGENCE (per se) is not an crime.
Absence of proper care and precautions, it is not a basic element in IPC, it is not an
offence.
Illi-
Doing a quarrel with his wife A in a sheer anger picks up a paper weight and throw it out
of a window, which facture the skull of a passer nearby.
JudHere office is Hurt.
Mens Rea- Want of proper care and precaution.
STATE OF MIN IN CRIME COMPONENT
COMPONENT
CRIME
Intention
Knowledge
Recklessness
Negligence
mind.
DEGREE OR GRAVITY OF
High degree of Mind.
Very low degree of
Actus Reus- An Act which is prohibited by Law. It is the physical part of a crime.
Actus non facit reum, nisi mens sit rea An act does not make a person legally liable
unless the mind is legally blameworthy'.
Actus reus, sometimes called the external element or the objective element of a crime, is
the Latin term for the "guilty act". When proved beyond a reasonable doubt in
combination with the mens rea,.
Actus Reus: Comprises the following:
1. Human Conduct or an Activity.
2. The Result of the Act.
3. Prohibition by Law.
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http://www.scribd.com/doc/40130303/Indian-Penal-Code-llbi-Year