Unit 1 - Indian Penal Code , Unit 1 , Law of Crime, IPC PDF

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Indian Penal Code , Unit 1 , Law of Crime, IPC ...

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LAW OF CRIME (Indian Penal Code)

Unit - I Syllabus - Extent and Operation of the Indian Penal Code, Definition of Crime, Fundamental elements of Crime, Stages of a crime; Intention, Preparation, Attempt, Commission, Essentials of the attempt, Impossible attempt, attempt and preparation distinguished.

Q.1-

What is crime? Define it. Describe the essential elements of Crime? Is Mens Rea is always essential for offence. How the principle of Mens Rea is applied into the statutory offences and in Indian Penal Code? This answer shall include following points. 1. Definition of Crime (Blackstone, Stephens, Kenny, (Sec. 40 of IPC) 2. Essential Elements of Crime a) Human Beings b) Mens rea c) Actus reus d) Injury to Human being 3. Applicability of Mens Rea in I.P.C.-Mens rea has been applied in I.P.C. in two ways. a) General Exception b) Definition 4. Mens Rea and Statutory offences 5. Exception of Mens Rea- there are certain exception of Mens rea a) In strict liability b) Public Nuisance c) Kidnapping d) Contempt of court e) Acts which are prohibited as penal but in real sense they are not criminal f) Bigamy

Ans.

Definition of Crime: – In general term crime is the wrong affecting the whole society which is declared to be prohibited and punishable by the law. According to Blackstone: - Crime is an act committed or omitted in violation of a public law either forbidding or commanding it. According to Stephen: - Crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of the society. According to Kenny: - Crimes are wrongs whose sanction is punitive and is in no way remissible by any private person but is remissible by crown alone if remissible at all. According to definition given in Section 40 of I.P.C.: - Offence denotes a thing made punishable by Indian penal code or by any special or local law. With the analysis of these definition, following elements of crime emerges – a) A human being under legal obligation. ARVIND JAISWAL

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A x.ks’kk; ue% b) His act should be done with criminal intention or Mens rea. c) In furtherance of Mens rea he would have committed any act or omission constituting an offence. d) Such act must have caused injury to the society. ➢ Essential Elements of Crime: ✓ Human Being: The criminal act must have done by any human being. In ancient time, some evidences of the trial and punishment of animals are found, but with the development of the concept of Mens rea, the trial and punishment of animals were stopped because animals cannot form criminal intention. The first element requires that the act must be committed by a human being and he must be under legal obligation and should be fit subject for award of appropriate punishment. ✓ Mens Rea- There can be no crime of any nature without an evil mind every crime requires a mental element. “Actus non facit reum nisi mens sit rea” is considered a fundamental principle of penal liability. It means the act itself does not make a man guilty unless his intention were so. ✓ Actus rea- The third essential element of a crime is actus rea. In other word some act or illegal omission must take place in pursuance of the guilty intention. ✓ Injury to Human being – The fourth requirement of crime is injury to other person or to the society at large. The injury should be illegally caused to any person in body mind reputation or property.

➢ Applicability of Mens Rea in Indian Penal code – In Indian penal code the term mens rea is nowhere used but it has been included in two way. 1. In chapter of General exception such circumstances are included where in the absence of Mens rea no criminal liability arises. 2. While defining offences in I.P.C. words denoting mens rea has been included as an essential part of offence such as. Voluntarily Intentionally Dishonestly Fraudulently knowingly rashly negligently etc. ➢ Mens rea and statutory offences – The principle of mens rea is applied in statutory offences. In Sherras v. De Rutzen it was held that “in every statute mens rea is to be applied unless the contrary is shown R. Vs. Prince 1875 case is an important case on mens rea. In this case Prince was charged of kidnapping a given below 16 years age he pleaded that the thought that she was above 16 year but this defence was not accepted because his act was wrong in itself. But in R. Vs. Tolson 1889 jury accepted the defence of reasonable belief. In this case Mrs. Tolson was accused that he married during the existence of her first marriage with Mr. Tolson Mrs. Tolson pleaded that she married to other person only after information that my husband was not alive. In state of Maharashtra Vs M.H. George 1965 S.C. held that unless the statute expressly or impliedly excludes mens rea as a constituent part of a crime a person should not be found guilty of an offence unless his mind is guilty.

➢ Exception – There are some exception where mens rea is not required. a) In strict liability b) Public Nuisance c) Kidnapping d) Contempt of court e) Acts which are prohibited as penal but in real sense they are not criminal f) Bigamy

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A x.ks’kk; ue% Q-2.

What are the stages of crime? When preparation and attempt is punishable? Distinguish between preparation and attempt. This answer shall include following points. 1. Stages in Commission of Crime a) Intention b) Preparation c) Attempt i. Essential Elements of Attempt ii. How Attempt is applied in I.P.C. iii. Doctrine of impossibility relating to Attempt d) Commission of offence e) Difference between Attempt and Preparation

Ans.

Stage in Crime - If a person commits a crime voluntarily the doing of it involves four stages. These four stages are1. Intention 2. Preparation 3. Attempt 4. Commission of Crime 1. Intention – It is the first stage in the commission of a crime but only intention to commit offence is not punishable because it is very difficult to prove the guilty intention of a man. It was observed by an English judge that the thought of a man is not triable because deril himself knoweth not the thought of a man. Therefore, so long as an act of a person rests in his intention no criminal liability arises. According to Salmond the aim keeping which in mind an act is done is called intention. 2. Preparation – Preparation is the second stage in the commission of a crime. It means to arrange means or measures necessary for the commission of the intended criminal act generally the stage of preparation is not punishable because it is not necessary that whosoever makes the preparation will actually commit the offence also. In Noorbibi Vs. State 1952 the accused without proper permission was going towards the border with the object of stepping into Pakistani territory and was arrested before reaching the border she was not punished. It was held that she was only at the stage of preparation. Under the I.P.C. mere preparation to commit the following offences is punishable as these are considered to be grave offences. i. Preparation to wage was against the government section 122 ii. Preparation to commit depredation on territories of power at peace with government of India Sec. 126 iii. Preparation to commit dacoity (399) iv. Preparation of counterfeiting of coins or government stamps (233, 234, 235, 256, 257) 3. Attempt – This is the third stage of crime attempt has not been defined in the Indian Penal code. The term however means the direct movement towards the commission of crime after necessary preparations have been made. Attempt was defined by supreme court in Abhyanand Mishra Vs. State of Bihar AIR 1961. It was held that a person commits the offence of attempt when his intention is to commit any offence and with that intention he takes any step towards the commission of the offence but even after doing all the necessary acts by the accused it could not reach the intended consequence due to the circumstances out of his control. ➢ There are three essentials of attempt✓ Guilty intention to commit an offence. ✓ Some act done towards the commission of the crime. ARVIND JAISWAL

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A x.ks’kk; ue% ✓ The act must fall short of the completed offence. ❖ Section 511 Attempt to commit the crime is always punishable. ➢ Under the Indian penal code attempt has been described in three different ways. 1. Offences and attempts have been dealt with in the same section and same punishment is prescribed for both. Ex. Section 121, 124-A, 196, 198, 391, 394, 395 2. In case of 4 grave offences attempts are described separately. i. Attempt to murder – 307 ii. Attempt to culpable homicide – 308 iii. Attempt to commit robbery – 393 iv. Dacoity with an attempt to cause death – 397 3. All other cases of attempt are covered under of I.P.C. ➢ Doctrine of Impossibility Relating to Attempt: - The doctrine of impossibility was propounded in Queen V. Collins (1864) case. According to it - it would be no crime if a man attempted to do that which in fact was impossible to perform. For example - if A puts his hand into the pocket of another with an intention to steal but finds nothing, he cannot be convicted of an attempt to steal. But later this doctrine was overruled in R Vs. Ring (1892) in which the accused was convicted for attempting to steal from the hand bag of a woman although there was nothing in the bag. Presently, impossible attempts are not punished only if, the impossibility is absolute, not relative Absolutely impossible act are those where both mens rea and actus reus are present, but the act in such cases does not cause alarm or sense of insecurity to the society because by that act, the offence was absolutely impossible to be committed. For example - A with an intention to kill B administer sugar mistaking it for arsenic. Since no consequence follows the act, it is not attempt.

➢ Relative impossible acts are those in which both mens rea and actus reus are present, but due to any technical defect, actus reus could not cause the intended consequence. Had these technical defects not been there, the actus reus would have caused intended consequence. For example - in R. V. White (1910), where A with an intention to kill B, administers arsenic, a poisonous substance to B, but the dose is found to be inadequate so as to kill B. Here because arsenic had the quality to kill but the man was not killed because the dose was inadequate, it would be attempt. 4.

Commission of Crime: – The last stage of crime is its accomplishment. If the person succeeds in his attempt to commit the crime he will be guilty of the offence. If his attempt is unsuccessful he will be guilty for an attempt.

Difference Between Attempt & Preparation 1. Preparation is to arrange or devise means or measures necessary for the commission of offence and attempt is direct movement towards the commission of offence. 2. Preparation is usually not punishable but attempt is always punishable. 3. At the stage of preparation mens rea is not visible but in attempt mens rea is visible 4. Preparation is the earlier stage. It precedes attempt; attempt is the next stage attempt begins where preparation ends. 5. In preparation offender always has opportunity to repent but in attempt he does not have option to report. Q.3-

Extent and operation of Indian penal code. ARVIND JAISWAL

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A x.ks’kk; ue% This answer shall include following points. 1. Extent of I.P.C. 2. Jurisdiction of I.P.C. a) Intra-Territorial Jurisdiction (Sec.2) b) Extra-Territorial Jurisdiction (Sec. 3 & 4) it includes i. Land ii. Aircraft iii. High seas iv. Piracy Ans.-

The Indian penal code extends to the whole of India except the state of Jammu & Kashmir. The criminal court in India exercise jurisdiction either because a crime is committed by any person within the Indian territory which is known as intra-territorial jurisdiction or because a crime committed outside India is committed by an Indian citizen which is known as Extra-Territorial jurisdiction.

a) Intra-Territorial Jurisdiction: - Intra-territorial jurisdiction is one where a crime is committed within the territory of India by any person. Sec. 2 of I.P.C. deals with intra-territorial jurisdiction but following persons are exempted from application of Indian Penal Code. 1. Foreign Sovereigns 2. President and Governor 3. Ambassadors and Diplomatic agents 4. Alien Enemies 5. Foreign Army 6. Warships b) Extra-Territorial Jurisdiction: - Where a crime is committed outside the territory of India by an Indian citizen such a person may be tried and punished by the Indian courts and such jurisdiction is known as extraterritorial jurisdiction sec. 3 and 4 of the penal code deals with extra-territorial jurisdiction of the code. According to sec. 4 provision of the code shall apply to any offence committed by 1. Any citizen of India in any place without and beyond India. 2. Any person on any ship or aircraft registered in India where ever it may be 3. Any person in any place without and beyond India committing offence targeting a computer resource located in India. Indian Courts have power to try offences committed outside India on (a) Land (b) Aircraft (c) High Seas The jurisdiction to try offences committed on the high seas is known as admiralty jurisdiction it founded on the Principle that a ship on the high seas is considered to be a floating island belonging to the country whose national flag she is flying. Piracy- Piracy means committing robbery on the ship in High seas without any authority from their state or seizing or attempt to seize the ship by putting those in possession of ship in fear. Piracy as an offence against all nations Therefore every state has power to punish pirates. Piracy may be committed against the person who belongs from the same country. If two states are at enmity the robbery against each other will not amount to piracy.

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A x.ks’kk; ue% Year Wise Question Paper of Lucknow University Year – 2013 Longs Q.1. What is Crime? Discuss the fundamental elements of crime. Q.2. What is attempt? How impossible attempts are made punishable under I.P.C.? Explain with the help of case law. Shorts 1. Difference between crime and Tort 2. Extent of operation of the Indian Penal Code Year – 2014 Longs Q.1. Define offence and also discuss various stages of crime. Q.2. Explain various theories of attempts with leading cases. Shorts 1. Act and omission 2. Principle of Legality 3. Territorial jurisdiction 4. Presumption of innocence Year – 2015 Longs Q.1. Define Crime. Discuss in brief the essential elements of crime. Q.2. What are different stages in commission of a crime? When preparation is punishable under I.P.C. Shorts 1. Motive 2. Extent of operation of the Indian Penal Code 3. Piracy 4. Define Crime Year – 2016 Longs Q.1. Define mens-rea. Discuss the role of mens rea in imposition of criminal liability upon a person. Explain it with Special reference to the Case R vs Tolson. Q.2. Define crime, what is the attempt stage of committing a crime? Distinguish between preparation and attempt stage of crime. Shorts 1. Intention and Motive 2. Extra-territorial jurisdiction of Indian Penal Code. 3. Preparing to wage war against state 4. Nature of punishment for children 5. Law given is R. Vs. Prince Year – 2017 Longs Q.1. Q.2. Shorts 1. 2. 3. 4.

Discuss in detail elements of crime. Explain ‘Attempt’ in detail with help of cases. Explain Section 34 of I.P.C briefly. Define Good Faith in I.PC. Define ‘reason to believe’ and dishonestly under the Indian Penal Code. Extent and extra territorial jurisdiction of Indian Penal Code.

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A x.ks’kk; ue% References ➢ Indian Penal Code by Prof. S.N. Mishra (Book) ➢ Indian Penal Code by Dr. N. V. Paranjape (Book) ➢ Asst. Prof. Miss. Suneeta Rathore ➢ Quora ➢ Question Papers from Lucknow University archives. Contribution  Shivanshu Sharma

 The End 

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Some Important Vocabs Words Elements Applicable Exception Public Nuisance Bigamy Committed Omitted Revolting

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Culpable Homicide Accomplishment Extra-Territorial Possession Punitive

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Remissible Obligation In-furtherance

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