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LEGAL APTITUDE
LAW OF CRIMES - BASICS
Defining Crime:

There is no single definition to crime.

In general, a crime is a conduct perceived as


threatening, harmful, or otherwise endangering to
the property, health, safety, and moral welfare of
people inclusive of one's self.
Key points:
* It is considered as an offence against the ‘state’ and
hence the state punishes the offender

* The offence can be an action or an inaction


Michael
Bowditch
Vs
The State,
UK
2017

#Becky
Morgan
CRIMINAL LAW IN INDIA:
The primary laws that deal with criminal law in
India are:
1. Indian Penal Code (IPC) - A substantive law
2. The Criminal Procedure Code - (CrPC)
– A procedural law
3. The Indian Evidence Act
Salient Features of IPC :
• IPC is applicable to
all Indian citizens
wherever they are in
the world
Salient Features of IPC :
• It is also applicable
to all foreigners who
are within the territory
of India while the
crime is committed
Salient Features of IPC :

• It is also applicable to a crime committed on


any ship or aircraft registered in India

• Or In an Indian embassy abroad


Salient Features of IPC :
• It came into force on the 1st of January, 1862
• It recommended by the first law commission of India
established in 1834 under the Charter Act of
1833 under the Chairmanship of Thomas Babington
Macaulay.
• It is applicable to all of India, except Jammu and
Kashmir where Ranbir Penal Code (RPC) is applicable
• It is divided into 23 chapters, comprises 511 sections
Salient features of CrPC :
• It is a procedural law
• It gives the procedure for administration of substantive
laws like IPC
• Came into force on 1st April, 1974
• It provides the machinery for the investigation
of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or
innocence of the accused person and the
determination of punishment of the guilty.
• Applicable to all of India except J & K
Salient features of Indian Evidence Act:
:
• The Indian Evidence Act contains a set of rules and allied
issues governing admissibility of evidence in
the Indian courts of law.
• Came into force on 1st September 1872
• It standardised the admissibility of evidences in the courts
of Indian law which were earlier community based.
• It has eleven chapters and 167 sections
• Amendments: The Criminal Law Amendment Act, 2005
Difference between a TORT & a CRIME:
TORT CRIME
A civil wrong, gives rise to civil proceedings A criminal wrong, gives rise to criminal
proceedings

It is a wrong against an individual or a group of It is considered to be a wrong against the society


individuals on the whole

A less serious offence A more serious offence

Intention is irrelevant A guilty mind or intention is very important in


case of crimes
Difference between a TORT & a CRIME:
TORT CRIME
The victim himself/herself initiates action against Action is taken by the State on behalf of the
the defendant victim

Burden of proof lies on the plaintiff/injured Burden of proof lies on the State

Compensation paid in the form of unliquidated The offender is subjected to corporal punishment
damages/ compensation i.e imprisonment, death penalty etc.

Not codified, mostly Judge-made Codified law


ESSENTIAL ELEMENTS IN CRIME:
1. Mens Rea : The guilty mind
2. Actus Reus : The guilty act
These elements must co-exist to constitute a
crime
STEPS INVOLVED IN A CRIME:
Motive  Will  Mens Rea  Preparation
& Attempt(Actus Reus)  Injury
ONE KEY MAXIM:
Actus non facit reum, nisi mens sit rea:

It means both Mens Rea and Actus Reus must


coexist for a crime to be committed.
If either of these is absent, no crime is
committed
Actus Reus without Mens Rea
Ex: Ram, a goon, swings his sword to kill Rahim.
Rahim in turn, to save his life, hurls a stone on
Ram which kills him. Rahim had no Mens Rea
(intention to kill) in this case but Actus Reus
(throwing the stone) was present.
He is not guilty.
Mens Rea without Actus Reus:
Ex: A is very angry with B and wants to kill him.
But he doesn’t take any step to commit this
crime. Here he has Mens Rea ( intention to
kill), but no Actus Reus happens. Hence he is
not guilty of any offence
BURDEN OF PROOF:
• In case of crimes, the burden of proof lies on
the state (prosecution)
• The law presumes the accused to be innocent
until his guilt his proved beyond reasonable
doubt.
Some of the crimes defined in IPC
• Abetment
• Criminal Conspiracy
• Offences against the State
• Offences relating to the Army, Navy and Air Force
• Offences against the Public Tranquillity
• Counterfeiting Notes
• Forging false evidence
• Fraudulent usage of measures
• Selling adulterated drugs
• Offences against the body of a person
• Theft, Robbery, Dacoity
HOPE IT WAS A GOOD
WARM UP FOR THE
UPCOMING SESSIONS !!