Criminal Law I

General Principles of Criminal Law

Objectives of the Course

Among the branches of public law, criminal law is of predominant value as it

assists the state in administration of Criminal Justice. The Law of Crimes or
Criminal Law is foundational to maintain Law and Order and ensure peace in the
society. Criminal law is posited in two paradigms either (i) Substantive and/or (ii)
Procedural.

The Indian Penal Code 1860 characteristically is the substantive part of criminal
law of the land. It defines various offences and prescribes punishments for the
categories of offences. (While the criminal procedure code 1973 is the procedural
law of crimes and it provides a mechanism for the enforcement of the criminal
law). Before the passing of the Indian Penal Code, Mohammedan/Muslim
Criminal Law was applied both to Muslim and Hindus. There were glaring defects
in Mohammedan Criminal Law with regard to the types of offences and varieties
of punishment, and partitioned application of Law of Evidence etc. These defects
were undone as a relief to a vast majority with the passing of the Indian Penal
Code in 1860, and the major achievement of the IPC 1860, has been its uniformity
in application to whole of India.

The primary functions of criminal law include - to maintain Law and Order in the
society, Protect the Life and Liberty of people and Punish the Offender. As
punishment to the offender has long term ramifications on the convict, it is the
guiding doctrine- that criminal liability may be imposed only if all the ingredients
of an offence are successfully established beyond all reasonable doubts.

The course of Criminal Law-1 is designed to enable the students to understand

the general principles of criminal liability, to identify the ingredients of an offence,
understand the range of state of mind required for different offences, as well as
to sensitize the students about the inherent biases of criminal law against certain
groups of people despite its claim of universality, neutrality and equality. The
course will enable students to critically scrutinize the recent developments and
changes that have taken place in the field.

The list of objectives of this course are: -

1. To familiarize the students with the key concepts regarding crime and
criminal law.
2. To expose the students to the range of mental states that constitute mens
rea essential for committing crime.
3. To keep students abreast of the latest developments and changes in the
field of criminal law.
Proposed Teaching Schedule:

UNIT I: INTRODUCTION TO SUBSTANTIVE CRIMINAL LAW (Lectures-10)

1.1 Historical Development of Criminal Law,

1.2 Distinction between crime and tort, concept of crime
1.3 Essential Elements of Crime – Actus Reus & Mens Rea
1.4 Stages of Crime

Cases:

1. R v Prince, (1875) 2 CCR 154

2. R v Tolson (1889 Qc B.D.168)
3. Om Prakash v State of Punjab, AIR 1956 All 241
4. R. v Smith (Roger Daniel [1975] A.C. 476
5. Srinivasamall v Emperior AIR 1947 PC 135
6. Ravula Hariprasad Rao v The State AIR 1951 SC 204

UNIT II: THEORIES AND KINDS OF PUNISHMENTS (Lectures-07)

2.1 General Explanations

2.2 Deterrent
2.2 Preventive
2.3 Retributive
2.4 Reformative
2.5 Compensation
2.6 Death sentence
2.7 Social relevance of capital punishment
2.8 Imprisonment- for life, with hard labour, simple imprisonment
2.9 Forfeiture of property
2.10 Fine
2. 11 Discretion of court in awarding punishment

Cases:

1. Jamohan singh v UP 1973, Cr.l.J 370 (SC)

2. Bachan singh v Punjab, 1980, Cr.L.J. 636 (SC)
3. Mithu v State of Punjab, AIR 1983 SC 473
4. Kehar singh v Union of India AIR 1989 SC 653
5. Attorney General of India v Lachma devi 1986, Cr.l.j 636 SC

UNIT III: INCHOATE CRIME (Lectures-08)

3.1 Joint and Constructive Liability (S.34, 149)

3.2 Attempt

3.3 Abetment

3.4 Criminal Conspiracy

3.5 Attempt (Sec. 511 and Other Attempt Provisions under the Code)

Cases:

1. Barendra Kumr Gosh v King emperor AIR 1925 PC 1

2. Mahaboob Shah v Emperor AIR 1945 P.C. 118
3. Shivaji singh v State of Bihar AIR 2009 SC 417
4. Goura Venkata Reddy v state of AP 2003, 12 SCC 469
5. Kehar singh v Delhi Administration AIR 1988 SC 1883 (Rajiv Gandhi
Assassination case)
6. Somasundaram @ Somu v State, represented by Deputy Commissioner of
Police 2020 Indlaw SC 353
7. Raja @ Ayyappan v State of Tamil Nadu 2020 Indlaw SC 272
8. Mohd. Yakub and Others AIR 1980 SC 1111
UNIT IV : GENERAL EXCEPTIONS (SECTIONS 76-106) (Lectures-15)

4.1 Mistake of fact

4.2 Judicial and Executive acts

4.3 Accident

4.4 Necessity

4.5 Infancy

4.6 Insanity

4.7 Intoxication

4.8 Consent

4.9 Good Faith

4.10 Private Defense against Body and Property

Cases:

1. Mc.Naughten’s Case (1843) 4 ST Tr.(N.S) 847

2. R v Wheat & Stock 1921, 2 K.B. 119
3. R v Dudley and Stephens 1884 14 Q B D 273
4. Gurudatta Mal v State of UP AIR 1965 SC 257
5. Dhara Singh v Emperor 1947 Lah

UNIT V: Offences against State and Public Tranquility (Lectures-10)

5.1 Waging war against the State (Sec.121-123)

5.2 Assaulting High Officers (Sec.124)

5.3 Sedition (Sec.124 A-130)

5.4 Unlawful assembly Sec.141-153

5.5 Rioting Sec.146-148

5.6 Affray Sec.159-160

5.7 Offences relating to public servant

5.8 Offences relating to elections

5.9 False Evidence and offences against Public justice Sec.191 to 229

5.10 Offences relating to Coins, Weights and Measures Public Nuisance

Cases:

1. Kedarnath Singh v State of Bihar AIR 1962 SC 955

2. National Investigation Agency v Zahoor Ahmad Shah Watali 2019 Indlaw SC
368
3. Kehar Singh & Ors. vs. State (Delhi Admn.), AIR 1988 SC 1883
4. Queen Empress v Bal Gangadhar Tialk (22 Bom
5. Mohmod Javed v Govt. of NCT of Delhi 1998 (2) Crimes 323 SC
6. Motidas v State of Bihar AIR 1954 SC 657
7. Shreya Singhal v Union of India 2015 Indlaw SC 211

Professional Skill Development Activity (4 Hours )

Writing of a Crime Story to illustrate the Principles of Criminal Law

Editing/ Paraphrasing of a Criminal Law Reported Case from foreign
jurisdiction and relating to Indian Criminal Justice System

Suggested Reading:

1. Glanville Williams, Text Book of Criminal Law, Universal Law Publishing Co.,

New Delhi, 2012
2. Lectures on Criminal Law [Indian Penal Code/Law of Crimes] Lawmann
Academic Series) Paperback – 2017
 3. Ratanlal Dhiraj Lal, The Indian Penal Code, Lexis Nexis, Butterworths
Wadhwa, Nagpur, 2012
4. K.D. Gaur, Textbook on Indian Penal Code, Universal Law Publishing Co.,
New Delhi, 2012
5. J.W. Cecil Turner, Russel on Crime ,Vol I &2, Universal Law Publishing Co.,
New Delhi, 2012
6. K. L . Vibhuti, PSA Pillai’s Criminal Law, Lexis Nexis, Butterworths Wadhwa,
Nagpur, 2012
7. Dr. H.S. Gaur, Penal Law of India, Law Publishers , Allahabad, 2013
8. John Dawson Mayne, Mayne’s Criminal law of India, Gale, Making of
Modern Law, 2013
9. Bare Act of Indian Penal Code, 1860 (as amended up to 2020)

NOTE: The topics and cases given above are not exhaustive. The teachers teaching
the course shall be at liberty to add new topics/cases/articles