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General Principles of Crime
Nature of a crime
o Defnition: According to Blackstones, Crime is defned
as a violation of public rights and duties due to the
whole communit, considered as a communit!
Blackstone does not intend to suggest that crimes
violates no other rights besides public ones, obviousl
ever theft violates some private right of propert! "t
can be e#pressed more clearl as $A crime is a violation
of a right, considered in reference to the evil tendenc
of such violation as regards the communit at large!%
o ort an! "rime:
o "rime in the primiti#e state:
o "rimes the creation of $o#ernment policy:
o Distinction between "rime an! other wrongs
un!er common %aw:
o "rime an! morality !istinction:
o "ircumstances when morality amounts to crime:
o &tate's responsibility to !etect( control an!
punish crime:
"haracteristics of a crime
&arm
Brought about b &uman Conduct
'overeign state desires to prevent it
(easure for prevention includes threat of Punishment
'pecial proceedings emploed to decide whether the
accused has caused the harm and in)icting punishment
he place of "riminal %aw in "riminal &cience
*hree branches of Criminal 'cience:
1
"riminology: "t deals with the causes of Crime + both
Biological and 'ocial
"riminal )olicy: 'tudies the measures to limit the
harmful conduct, *akes measures b setting up social
organi,ations to prevent harmful activities and las
down the principles b which harms are classed as
crimes and how criminals are to be treated
"riminal law: -hat conduct is considered as tort and
what is Crime, Prescribes the punishment! "t is an
instrument used to implement the Criminal polic
Principles of criminal liabilit
he perio! of &trict %iability
'trict liabilit crimes are those in which the defendant is held
liable for a criminal o.ense he committed, even if mens rea
is absent! *hough the defendant did not intend an harm b
his actions and was completel unaware that he was
committing an illegal act, the !octrine of strict liability
holds him liable for the criminal o.enses committed!
(ost cases of strict liaiblit are minor infractions and
misdemeanors, not nearl as serious as felonies, but still
warranting heav fnes and up to a ear in /ail! 0#amples of
minor o.enses for which violators are held strictl liable are
parking violations, speeding unknowingl, selling alcohol to
minors and, in some /urisdictions, emploing people under
the age of fourteen!
*ental +lement in "riminal %iability
*o constitute a crime and sub/ect the o.endor to a liabilit to
punishment, i!e!, to produce legal criminal $guilt%, a mental
as well as a phsical element is necessar! *hus, to use a
ma#im $,ctus non facit reum mens sit rea$! *he act
does not make a person guilt unless the mind is also guilt!
2
"t is a well known principle of natural /ustice meaning no
person could be punished in a proceeding of criminal nature
unless it can be shown that he had a guilt mind!
Accordingl, ever crime involves:
1! A particular phsical condition + a vicious conduct
2! A particular mental condition + a vicious intention
,ctus -eus
,ctus + A phsical result of human conduct and -eus +
criminal polic that prohibits and seek to prevent its
occurrence b imposing penalt for its commission! *hus,
Actus 3eus means $such result of human con!uct as the
law seeks to pre#ent%
4or e#ample, A repeatedl stabbed B and thereb caused
serious in/ur to his heart and lungs because of this in/ur B
died! A stabbed B with an intention to cause death of B! &ere
As act of repeated stabbing and in/uring of B is conduct, the
result of such conduct is the death of B
, mere injury cause! by a con!uct is not actus reus:
4or e#ample, when the court sentences a death penalt to a
person and the e#ecution takes place!
-esults of .mission: "n man cases, even the omission of
action 5ualifes as actus reus!
"ausation: &arm is an event and event is the product of
pluralit of factors! *here are several causes of one event!
'o, it can be reasonabl said that the event is caused b one
of these factors if it would not have happened without that
factor! 4or e#ample, a man can be said to have caused the
actus reus of a crime if that actus would not have occurred
without his participation in what was done!
No physical participation an! liability for actus reus
Principles
3
Accessories
"ncitement
Conspirator
Circumstances where instigator is primaril liable and
instigated is guiltless
/here another person inter#ene!
- #. %awe: 0ngineer deserting his work, leaving the
engine in charge of an ignorant bo who declared
himself incompetent to handle the engine!
- #. 0or!on: A stabbed B, B subse5uentl died! (edical
evidence showed that B died due to Broncho6
Pneumonia due to mistaken administration of
antibiotics and intravenous in/ection!
1ictim's .wn "on!uct has a2ecte! the result
- #. 3orsey: A sets fre to a stack of straw! -hile the
stack was burning, the victim was seen in )ames and
his bod was found in the stack ard! 7o evidence as to
how he came there! A tried to save the deceased!
"ontributory Negligence
- #. &win!all an! .sborne: 0ach person driving
horse cart on a public road encouraging each other to
drive it at dangerous place, killed a pedestrian! "t was
alleged that deceased is deaf, careless and negligent!
*ens -ea
8ne of the main characteristic of our legal sstem is that the
individuals liabilit to punishment for crimes depends,
among other things, on certain mental conditions! *he
liabilit of conviction of an individual depends not onl on his
having done some outward acts which the law forbids, but
on his having done them in a certain frame of mind or with a
certain will! (ens 3ea is the mental process of a person! At
the time, when he was engaged in the activit which
resulted in the deed! "t is a legall reprehensible state of
mind!
4
"t means a mental state, in which a person deliberatel
violates a law! *hus, mens rea means intention to do the
prohibited act!
De#elopment of *ens -ea
"n the earliest time it was the fundamental presumption that
a man in ever case intended to do what he has done! *he
0nglish criminal law began with strict criminal liabilit, and
there was no clear distinction between the *ort and crime!
*herefore the mental attitude of a person was an irrelevant
consideration in so far as trial and punishment was
concerned!
But later on bodil punishment came as a substitute of the
pament of damage then the importance of mens rea or the
mental attitude of a person, at the time of commission of
crime was reali,ed! -ith the passage of time re5uirement of
mens rea as an essential element of a crime has frml taken
in its roots!
*ens rea in its root
7ow it is the combination of act 9 actus rea: and intent mens
rea which makes a crime! And the ma#im + ,ctus non facit
reum nisi mens sit rea means act alone does not make a
man guilt unless his intentions were so! "t is a well known
principle of natural /ustice! *here can be no crime large or
small without an evil intent! *he responsibilit in crimes
must depend on the doing of a willed or voluntar act and a
particular intent behind that act! (ost conscious and
voluntar acts are directed towards result or conse5uence!
-hen one acts to produce a particular conse5uence he is
said to do that act with that intention!
"ntention ; Act ; attempt < 8.ence
+4ceptions to mens rea
Crime < =oluntar act ; foresight of the conse5uences
5
,cts un!er compulsion
"f the conse5uence not looked for the act ma be voluntaril
but not intentional! 4or an criminal liabilit there must be a
voluntar act, this preposition drive from the ma#im + ,ctus
me in#ite factus non est mens actus which means and
act done b me against m will is not m act! *his ma#im
support the doctrine of (ens 3ea + for no person can be held
liable for an act done under the fear or compulsion!
5or e4ample:
A holds B and compels him at gun point to open the lock of
Cs house! &ere Bs act not a willed or intentional act!
*he basic re5uirement of the principle of (ens 3ea is that
accused must have been aware of all those elements in his
act which make it the crime with which he charged!
>esire ; -ill ; (otive ; "ntention ; Preparation ; Attempt
< Commission of an o.ence
,pplication of *ens -ea in 6n!ian )enal "o!e
*echnicall, the application of mens rea is not applied to the
o.ences under "PC! 0ver o.ence is ver clear under "PC
1?@A! *he defnition not onl states what accused might
have done, that also states about the state of his mind with
regard to the act when he was doing it! 0ach defnition of the
o.ence is complete in itself! *he word (ens 3ea are not used
anwhere in "PC! &owever, the e5uivalent words to those of
mens rea in the "PC Code used are: >ishonestl 9s! 2B:,
4raudulentl 9s! 2C:, reason to believe 9s! 2@: and voluntaril
9s! DE:
"ase %aws:
&ankaran &ukumaran 1/s 7rishnan &araswathi 91E?B Cr
F/ D1G: 'C held that mens rea is an essential ingredient of
the o.ence under section BEB 9bigam:, where the second
marriage has been entered in a bonafde belief that the frst
6
marriage was not subsisting, no o.ence under this section
committed!
". 1eeru!u #. &tate of ,n!hra )ra!esh, 'C held that
under section BE? A, cruelt means $willful conduct%! -illful
conduct includes mens rea!
"onclusion:
"n modern statutor o.enses, the ma#im has no longer
applicable and the statutes are to be regarded as
themselves prescribing the mental element which is pre6
re5uisite to a conviction! 'o mens rea is an essential element
of crime, in ever penal statue unless the same either
e#pressl or b necessar implication is ruled out b the
statues!
*ala in &e an! *ala )rohibita
*ala in se are usuall common6law crimes or those
dangerous to life or limb! Batter and grand larcen or petit
larcen are e#amples of o.enses that courts have held to be
mala in se!
*ala prohibita is a term used to describe conduct that is
prohibited b laws, although not inherentl evil! Courts
commonl classif statutor crimes as mala prohibita! *his,
however, is not a f#ed rule since not all statutor crimes are
classifed as such! 0#amples of mala prohibita include public
into#ication and carring a concealed weapon
=oluntar Conduct
A man is guiltless if his movements which led to the harm
were involuntar! 4or e#ample: 7urse putting the child
behind a large fre b thinking it as a log of wood!
4oresight of the conse5uences
An voluntar act resulted in the harm and the harm was not
contemplated! )rinciple: A man should not be punished
7
unless he had been aware that what he was doing might
lead to mischievous result!
7nowle!ge
>irect appeal to our senses! &ere the probabilit is ver
high 9against to commit the act against Faw:! 0#p! to
purchase a stolen good! heft + *o taking possession
without the consent of the owner!
"ntention, 3ecklessness and 7egligence
6ntention denotes the state of mind of a man who not onl
foresees but also desires the possible conse5uences of his
conduct! *here cannot be intention unless there is also
foresight! 4or e#ample, A man cannot intend to do a thing
unless he desired to do it!
"ntention is the most culpable form of mens rea, as it
involves acting with the ob/ective of bringing about a
conse5uence or with the desire to bring about that
conse5uence and foresight that our actions are virtuall
certain to do so! Presumption of "ntention + 7atural and
probable conse5uences should be presumed!
-ecklessness 8 "ntention cannot e#ist without foresight but
foresight can e#ist without intention! "f a person foresees the
possible conse5uences of his conduct, et not desire them to
occur but persists on his course! *hereb knowingl runs the
risk of bringing about the unwished result! *his state of mind
is called reckless. &ome feature of recklessness: (an
who is reckless ma prefer that the contemplated event shall
not happen or, he ma not care whether it happens or not! "n
both these situations that person does not desire the event
to happen!
Basic principle of f#ing a criminal liabilit is the combination
of : 4oresight and "ndi.erence! >oing something without the
knowledge but the foresight!
8
(isnomer of recklessness
-icked
Criminal negligence
Culpable negligence
Gross negligence
Complete negligence
(ost of these misnomers create more confusion as to the
true meaning recklessness instead of clarifing them
8nl two state of mind which constitute mens rea:
"ntention
3ecklessness
1icarious %iability at "ommon %aw
Negligence
A person is negligent when:
1! he fails to foresee a risk that a reasonable person would
have foreseenH or
2! he does foresee the risk, but either does not take steps
to avoid the risk or takes inade5uate steps, thereb
falling below the standard to be e#pected of the
reasonable person!
"n both intentional and reckless act + *he person
involved must necessaril foresee its possibilit
'till he adverts to the result
"f a man brings about an event without having adverted
to it at all
for him the event is surprise
"f the event is harmful then the 5uestion of his legal
liabilit arises
Negligence 9 "riminal %iability
9
4or negligence at common law tortious liabilit can be
imposed if certain conditions are fulflled
At common law there is no criminal liabilit caused b
inadvertence
Di2erence between Negligence an! -ecklessness
*he di.erence between recklessness and negligence is
that of di.erence between advertence and
inadvertence
Negligence an! Neglect
Again negligence is "nadvertent and neglect is Advert
&tatutory .2ences
An o.ence is basicall a violation of law! "n legal parlance,
the word $o.ence% is generall construed as a criminal
wrong! &ence, o.ence means a wrong in penal law! *he
Code of Criminal Procedure, 1EGD defnes $o.ence%as $an
act or omission made punishable b an law for the time
being in force and includes an act in respect of which a
complaint ma be made under section 2A of the Cattle6
trespass Act, 1?G19 1 of 1?G1:%! *his is a guideline for
o.ences related to the Code! But, there are other tpes of
o.ences tooH the ones that are created b di.erent statutes,
like those related to ta#ation, national securit, etc!! *hese
are commonl referred to as 'tatutor o.ences!
*ens -ea in &tatutory o2ence
Before a criminal is made liable, he should be proven to have
some blameworth mental condition 9mens rea:! 4or
e#ample, when someone attacks ou, then, causing in/ur to
him in private defence is not a crime but, causing in/ur with
the intention of revenge is a crime! *his is how the presence
of a guilt mind changes the nature of the o.ence! But, the
re5uirement of a guilt mind varies from crime to crime! An
10
intention which would 5ualif as the re5uired mens rea for
one crime, ma not for some other crime!
)resumption re:uiring mens rea
"n statutor interpretation, certain presumptions are taken
into account b the court while interpreting the statutes! *he
presumption relevant here is that a criminal act in general
re5uires the presence of mens rea! Almost all crimes that
e#ist independentl of an statute re5uire, for their
commission, some blameworth state of mind on the part of
the actor!
-here a statute creates an o.ence, no matter how
comprehensive and absolute the language of the statute is,
it is usuall understood to be silentl re5uiring that the
element of mens rea be imported into the defnition of the
crime 9o.ence: so defned, unless a contrar intention is
e#press or implied! &ence, the plain words of a statute are
read sub/ect to a presumption 9of arguable weight:, which
ma be rebutted, that the general rule of law that no crime
can be committed unless there is mens rea has not been
ousted b the particular enactment!
"n determining whether a statutor provision does or does
not create an o.ence of strict liabilit, the following
considerations seem to be relevant, as given in the /udgment
of 9(!&! Georges Case: :6
1! Phraseolog of the statutor provision creating an
o.ence of strict liabilit, particularl e#pressions
indicating or e#cluding the mental element re5uired!
2! 8b/ect of the 'tatute
D! 7ature of public purpose purportedl preserved b the
statute
B! 7ature of the mischief at which the provision or statute
is aimed, and whether the imposition of strict liabilit
will tend to suppress the mischief, although strict
liabilit should not be inferred simpl because the
o.ence is described as a grave social evil!
11
6llustration of statutory o2ences an! mens rea
- #. )rince + Accused taking awa a girl of 1@ rs old
out of possession of her father
;ran! #. +#ans + Ficensee charged with permitting
illegal activities in the licensed premises
Possessing, for sale unsound meat
'elling of adulterated article of food
In discharged "nsolvent obtaining credit through agent
1ariations in "riminal liability
*istake
Conditions to be fulflled for availing mistake of fact as a
defence + 'ections G@ J GE of "PC! *he mistake must relate
to 4AC* and not to FA-! *he state of things believed to e#ist
would, if true, have /ustifed the act done! *he mistake must
be reasonable
Acts done under order of a superior authorit + the accused
believing himself to be bound b law was entitled to the
protection under 'ec G@ 9&tate of /est ;engal #. &hew
*angal &hah( 1<=1:
"harges of obscenity + Prior certifcation b the Censor
board provides /ustifcation in law in e#hibiting the flm! 9-aj
7apoor #. %a4man( 1<=>:
6nto4ication
"nvoluntar into#ication under the "PC 'ection ?C! "ncapacit
to know the nature of his act, "ncapable of knowing that the
thing he was doing was either wrong or contrar to law,
"nto#ication without knowledge or against will
=oluntar into#ication under the "PC 'ection ?@ where there
is a presumption of particular knowledge or intent
12
"n the case of 0ethuram &ukhra Nagbhansi #. &tate(
1<?> + nature of into#ication n the basis of interpretation of
Kagainst the will!
"ompulsion
An act done b me against m will, is not m act
>efence of compulsion under 'ection EB of "PC 9e#cept
murder and o.ences against the 'tate punishable with
death:
>efence of necessit 9'ection ?1 of "PC: is based on the
ma#im Knecessitas vincit legem i!e!, necessit
overcomes law!
7ecessit as a reason for homicide + - # Du!ley an!
&tephens( 1==@
%egally ,bnormal )ersons
Persons who are not invested with the same responsibilit
for their acts as are those whom the term as legall normal
owing to some peculiarit in themselves! e!g!,
he &o#ereign: Based on the doctrine that the
sovereign or government cannot commit a legal wrong
and is immune from civil suit or criminal prosecution
6nfants: "ncapacit to understand the nature and
conse5uence of an act or omission + basis e#empting a
child below seven ears from criminal liabilit 9'ection
?2 of "PC:
6nsane persons: A complete defence to criminal
liabilit in o.ences involving mens rea! "nsanit in "PC
'ec! ?B! 0ver tpe of insanit is not a legal insanit
unless the cognivance facult is destroed as a result of
unsoundness of mind! ;aburam *ahali #. &tate of
/est ;engal( A>>B
)ossible parties to the crime
13
Classifcation of crimes for the purpose of determination of
parties to Crime! *he are: 1! *reasons 2! 4elon
D! (isdemeanors
reasons
7o legal distinction between the various recogni,ed modes
of taking part in the commission of such o.ences!
'lightest share in treason is regarded as heinous
7o activit in a misdemeanor is considered as heinous
and no formal distinction between it and an less
prominent mode of taking part in the o.ence
All persons who are concerned in it in an wa +
whether b actuall committing it or even b keeping
near in order to assist while it is being committed or
merel suggesting it are classed together
5elony
7otice will be taken of the gradations of participation in them
4our categories of guilt association with a felon:
)rincipal in the 6 !egree
,ctual o2en!er: *he person whose guilt mind is the latest
blamable mental cause of the criminal act! "n most of the
cases the person who actuall done the act!
+4ceptions:
>octor asking nurse to administer poisonous substance
as drug to kill a patient
Ising child to commit felon
Ising animal to commit an felon
*ore than one )rincipal of frst !egree:
>ishonest servant who unlocks the door of masters
house to commit burglar with others
14
4ather and mother for allowing a childs death due to
starvation
A man holds the victim and the other person cuts his
throat
)rincipal in the 66 !egree C,i!ers an! ,bettorsD
*he person who aided and abetted at the ver time when
the o.ence is committed!
Car owner sitting beside the driver who kills b over +
fast driving
Bigamist second spouse
3eceiver of stolen propert
,ccessories before the factE
&e knows the particular deed contemplated
&e approved it
&is views are e#pressed in such a form which
encouraged the principal to perform the deed
*he person is absent at the time when felon is
committed
*hese things happened before the o.ence is committed
A person who procure, counsel, commend or abet the
commission of o.ence
,ccessories after the fact
&e knows that the felon has been committed
&e shelters or relieves an felons
0nable him to elude /ustice
'upplies the felons the means to escape
&elps the felons to get out of the prison
Active assistance to felons is necessar
-ifes immunit for helping husband who is a felon
*is!emeanors
A misdemeanor, a criminal o.ense that is less serious than a
felon! "t is is generall punishable b a fne or incarceration
15
in a local /ail, or both! (an /urisdictions separate
misdemeanors into three classes: high or gross
misdemeanors, ordinar misdemeanors, and pett
misdemeanors!
6n!ian )enal "o!e
)reliminary
&ec. 1 8 itle an! e4tent of operation of the co!e
*his act shall be called the "ndian Penal Code, and shall
e#tend to the whole of "ndia e#cept the 'tate of Lammu and
Mashmir!
&ec. A 8 )unishment of o2ences committe! with-in
6n!ia
0ver person shall be liable punishment under this Code and
not otherwise for ever act of omission contrar to the
provisions thereof, of which, he shall be guilt within "ndia!
&ec. 3 8 )unishment of o2ences committe! beyon!(
but which by law may be trie! within 6n!ia
An person liable, b an "ndian law to be tried for an
o.ence committed beond "ndia shall be dealt with
according to the provisions of this Code for an act
committed beond "ndia in the same manner as if such act
had been committed within "ndia!
&ec. @ 8 +4tension of "o!e to e4tra-territorial o2ences
*he provisions of this Code appl also to an o.ence
committed b
An citi,en of "ndia in an place without and beond
"ndiaH
An person on an ship of aircraft registered in "ndia
wherever it ma be!
16
+4planation + "n this section the word $o.ence% includes
ever act committed outside "ndia which, "f committed in
"ndia, would be punishable under this code!
6llustration:
A, who is a citi,en of "ndia, commits a murder in Iganda! &e
can be tried and convicted of murder in an place in DN"ndiaO
in which he ma be found!
&ec. B 8 "ertain laws not to be a2ecte! by this ,ct
7othing in this Act shall a.ect the provisions of an Act for
punishing mutin and desertion of oPcers, soldiers, sailors
or airmen in the service of the Government of "ndia or the
provisions of an special or local law!
$eneral +4planations 8 &. ? 8 &. BA,
&ections ? 8 33 an! 3< 8 BA,
*hroughout this Code ever defnition of an o.ence, ever
penal provision, and ever illustration of ever such
defnition or penal provision shall be understood sub/ect to
the e#ceptions contained in the Chapter entitled $General
0#ceptions%, though those e#ceptions are not repeated in
such defnition, penal provision, or illustration!
6llustrations
9a: *he sections, in this Code, which contain defnitions
of o.ences, do not e#press that a child under seven
ears of age can not commit such o.encesH but the
defnitions are to be understood sub/ect to the general
e#ception which provides that nothing shall be an
o.ence which is done b a child under seven ears of
age!
9b: A, a police oPcer, without warrant, apprehends Q,
who has committed murder! &ere A is not guilt of the
o.ence of wrongful confnement for he was bound b
law to apprehend Q and therefore the case falls within
17
the general e#ception which provides that $nothing is
an o.ence which is done b a person who is bound b
law to do it%!
&er#ant of $o#t. an! )ublic &er#ant C&ec 1@( A1D
R*he words $ser#ant of $o#ernment% denote an oPcer or
servant continued, appointed or emploed in "ndia b or
under the authorit of Government!O
*he word $0u!ge% denotes not onl ever person who is
oPciall designated as a /udge, but also ever person!
-ho is empowered b law to give, in an legal proceeding,
civil or criminal, a defnitive /udgment, or a /udgment which,
if not appealed against, would be defnitive, or a /udgment
which, is confrmed b some other authorit, would be
defnitive, or
-ho is one of a bod of persons, which bod of persons is
empowered b law to give such a /udgment!
6llustrations
9a: A Collector e#ercising /urisdiction in a suit under Act
1A of 1?CE, is a /udge!
9b: A (agistrate e#ercising /urisdiction in respect of a
charge on which he has power to sentence to fne or
imprisonment, with or without appeal, is a /udge!
9c: A member of a Panchaat which has power, under
3egulation ="", 1?1@, of the (adras Code, to tr and
determine suits, is a /udge!
9d: A (agistrate e#ercising /urisdiction in respect of a
charge on which he has power onl to commit for trial
to another Court, is not a /udge!
*he words $"ourt of 0ustice% denote a /udge who is
empowered b law to act /udiciall alone, or a bod of
/udges, which is empowered b law to act /udiciall as a
bod, when such /udge or bod of /udges is acting /udiciall!
18
*he words $public ser#ant% denote a person falling under
an of the descriptions hereinafter following namel:6
1! 0ver Commissioned 8Pcer in the (ilitar, 7aval or Air
4orces of "ndiaH
2! 0ver Ludge including an person empowered b law to
discharge, whether b himself or as a member of an
bod of persons, an ad/udicator functionH
D! 0ver oPcer of a Court of /ustice including a li5uidator,
receiver or commissioner
B! 0ver /urman, assessor, or member of a panchaat
assisting a Court of /ustice or public servantH
C! 0ver arbitrator or other person to whom an cause or
matter has been referred for decision or report b an
Court of /ustice, or b an other competent public
authoritH
@! 0ver person who holds an oPce b virtue of which he
is empowered to place or keep an person in
confnementH
G! 0ver oPcer of whose dut it is, as such oPcer, to
prevent o.ences, to give information of o.ences, to
bring o.enders to /ustice, or to protect the public
health, safet or convenienceH
?! 0ver oPcer whose dut it is, as such oPcer, to take,
receive, keep or e#tend an propert on behalf of the
Government, or to make an surve, assessment or
contract on behalf of the Government, or to e#ecute
an revenue process, or to investigate, or to report, on
an matter a.ecting the pecuniar interests of the
Government, or to make, authenticate or keep an
document relating to the pecuniar interests of the
Government, or to prevent the infraction of an law for
the protection of the pecuniar interests of the
GovernmentH
E! 0ver oPcer whose dut it is, as such oPcer, to take,
receive, keep or e#pend an propert, to make an
surve or assessment or to lev an rate or ta# for an
secular common purpose of an village, town or district,
or to make, authenticate or keep an document for the
19
ascertaining of the rights of the people of an village,
town or districtH
1A! 0ver persons who holds an oPce in virtue of
which he is empowered to prepare, publish maintain or
revise an electoral roll or to conduct an election or part
of an electionH
*o#able )roperty C&ec AAD
*he words $moveable propert% are intended to include
corporeal propert of ever description, e#cept land and
things attached to the earth or permanentl fastened to
anthing, which is attached to the earth!
/rongful $ain//rongful %oss( Dishonestly( an!
5rau!ulently C&ec A3( A@( ABD
F/rongful gain% is gain b unlawful means of propert
which the person gaining is not legall entitled!
$/rongful loss$: $-rongful loss% is the loss b unlawful
means of propert to which the person losing it is legall
entitled!
Gaining wrongfull, losing wrongfull
A person is said to gain wrongfull when such person retains
wrongfull, as well as when such person ac5uires wrongfull!
A person is said to lose wrongfull when such person is
wrongfull kept out of an propert as well as when such
person is wrongfull deprived of propert!
Dishonestly: -hoever does anthing with the intention of
causing wrongful gain to one person or wrongful loss to
another person, is said to do that thing $dishonestl%!
5rau!ulently: A person is said to do a thing fraudulentl if
he does that thing with intent to defraud but not otherwise!
Document an! 1aluable &ecurity C&ec A<( 3>D
20
*he word $document% denotes an matter e#pressed or
described upon an substance b means of letters, fgures,
or marks, or b more than one of those means, intended to
be used, or which ma be used, as evidence of that matter!
0#planation 1:6 "t is immaterial b what means or upon what
substance the letters, fgures or marks are formed, or
whether the evidence is intended for, or ma be used in, a
Court of Lustice, or no!
6llustrations
A writing e#pressing the terms of a contract, which ma
be used as evidence of the contract, is a document!
A che5ue upon a banker is a document!
A power of attorne is a document!
A man or plan which is intended to be used or which
ma be used as evidence, is a document!
0#planation 2: 6-hatever is e#pressed b means of letters,
fgures or marks as e#plained b mercantile or other usage,
shall be deemed to be e#pressed b such letters, fgures or
marks within the meaning of this section, although the same
ma not be actuall e#pressed!
6llustration
A writes his name on the back of a bill of e#change paable
to his order! *he meaning of the endorsement, as e#plained
b mercantile usage, is that the bill is to be paid to the
holder! *he endorsement is a document, and must be
construed in the same manner as if the words $pa to the
holder% or words to that e.ect had been written over the
signature!
#aluable security: *he words $valuable securit% denote a
document which is, or purports to be, a document whereb
an legal right is created, e#tended, transferred, restricted,
e#tinguished or released, or whereb an person
21
acknowledges that the lies under legal liabilit, or has not a
certain legal right!
6llustration
A writes his name on the back of a bill of e#change! As the
e.ect of this endorsement is transfer the right to the bill to
an person who ma become the lawful holder of it, the
endorsement is a $valuable securit%!
"ommon 6ntention an! "ommon .bject. C&ec 3@( 1@<D
&ec. 3@: -hen a criminal act is done b several persons in
furtherance of the common intention of all, each of such
persons is liable for that act in the same manner as if it were
done b him alone!
&ec. 1@<: "f an o.ence is committed b an member of an
unlawful assembl in prosecution of the common ob/ect of
that assembl, or such as the members or that assembl
knew to be likel to be committed in prosecution of that
ob/ect, ever person who, at the time of the committing of
that o.ence, is a member of the same assembl, is guilt of
that o.ence!
/rongful -estraint an! /rongful "onfnement C&ec
33<( 3@>D
&ection 33<- /rongful restraint:
-hoever voluntaril obstructs an person so as to prevent
that person from proceeding in an direction in which that
person has right to proceed, is said wrongfull to restrain
that person!
0#ception: + *he obstruction of a private wa over land or
water which a person in good faith believes himself to have
lawful right to obstruct, is not an o.ence within the meaning
of this section!
6llustration
22
A obstructs a path along which Q has a right to pass! A not
believing in good faith that he has a right to stop the path! Q
is thereb prevented from passing! A wrongfull restrains Q!
&ection 3@>- /rongful confnement
-hoever wrongfull restrains an person in such a manner
as to prevent that person from proceedings beond certain
circumscribing limits, is said $wrongfull to confne% that
person!
6llustrations
9a: A causes Q to go within a walled space, and locks Q
in! A is thus prevented from proceeding in an direction
beond the circumscribing line of wall! A wrongfull
confnes Q!
9b: A places men with frearms at the outlets of a
building, and tells Q that the will fre at Q if Q attempts
to leave the building! A wrongfull confnes Q!
"heating( "riminal *isappropriation( "riminal ;reach
of rust
&ection @1B- "heating: -hoever, b deceiving an person,
fraudulentl or dishonestl induces the person so deceived
to deliver an propert to an person, or to consent that an
person shall retain an propert, or intentionall induces the
person so deceived to do or omit to do anthing which he
would not do omit if he were not so deceived, and which act
or omission causes or is likel to cause damage or harm to
that person in bod, mind, reputation or propert, is said to
$cheat%!
0#planation! A dishonest concealment of facts is deception
within the meaning of this section!
6llustrations
9a: A, b falsel pretending to be in the Civil 'ervice,
intentionall deceives Q, and thus dishonestl induces Q
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to let him have on credit goods for which he does not
mean to pa! A cheats!
9b: A, b putting a counterfeit make on an article,
intentionall deceives Q into a belief that this article
was made b a certain celebrated manufacturer, and
thus dishonestl induces Q to bu and pa for the
article! A cheats!
9c: A, b e#hibiting to Q a false sample of an article,
intentionall deceives Q into believer that the article
corresponds with the sample, and thereb, dishonestl
induces Q to bu and pa for the article! A cheats!
9d: A, b tendering in pament for an article a bill on a
house with which A keeps on mone, and b which A
e#pects that the will be dishonored, intentionall
deceives Q, and thereb dishonestl induces Q to
deliver the article, intending not to pa for it! A cheats!
9e: A, b pledging as diamonds article which he knows
are not diamonds, intentionall deceives Q, and thereb
dishonestl induces Q to lend mone! A cheats!
9f: A intentionall deceives Q into a belief that A means
to repa an mone that Q ma led to him and thereb
dishonestl induces Q to lend him mone! A not
intending to repa it A cheats!
9g: A intentionall deceives Q into a belief that A means
to deliver to Q a certain 5uantit of indigo plant which
he does not intend to deliver and thereb dishonestl
induces Q to advance mone upon the faith of such
deliver! A cheatsH but if A, at the of obtaining the
mone, intends to deliver the indigo plant, and
afterwards breaks his contract and does not deliver it,
he does not cheat, but is liable onl to a civil action for
breach of contract!
9h: A intentionall deceives Q into a belief that A has
performed As part of a contract made with Q, which he
has not performed, and thereb dishonestl induces Q
to pa mone! A cheats!
9i: A sells and coves an estate to B!A, knowing that in
conse5uence of such sale he has no right to the
propert, sells or mortgages the same to Q, without
24
disclosing the fact of the previous sale and conveance
to B, and receives the purchase or mortgage mone for
Q! A cheats!
&ection @>3- Dishonest misappropriation of
property: -hoever dishonestl misappropriates or converts
to his own use an movable propert, shall be punished with
imprisonment of either description for a term which ma
e#tend to two ears, or with fne, or with both!6llustrations
9a: A takes propert belonging to Q out of Qs
possession, in good faith, believing, at an time when
he takes it, that the propert belongs to himself! A is
not guilt of theftH but if A, after discovering his
mistake, dishonestl appropriates the propert to his
own use, he is guilt of an o.ence under this section!
9b: A, being on friendl term with Q, goes into Qs
librar in Qs absence, and takes awa a book without
Qs e#press consent! &ere, if A was under the
impression that he had Qs implied consent to take the
book for the purpose of reading it, A has not committed
theft! But, if A afterwards sells the book for his own
beneft, he is guilt of an o.ence under this section!
9c: A and B, being /oint owners of a horse, A takes the
horse out of Bs possession, intending to use it! &ere, as
A has a right to use the horse, he dose not dishonestl
misappropriate it! But, if A sells the horse and
appropriates the whole proceeds to his own use, he is
guilt of an o.ence under this section!
0#planation!16A dishonest misappropriation for a time onl is
a misappropriation with the meaning of this section!
6llustration
A fnds a government promissor note belonging to Q,
bearing a blank endorsement! A knowing that the note
belongs to Q, pledges it with a banker as a securit for a
loan, intending at a future time to restore it to Q! A has
committed an o.ence under this section!
25
0#planation 2! 6A person who fnds propert not in the
possession of an other person, and takes such propert for
the purpose of protecting if for, or of restoring it to, the
owner does not take or misappropriate it dishonestl, and is
not guilt of an o.enceH but he is guilt of the o.ence above
defned, if the appropriates it to his own use, when the
knows or has the means of discovering the owner, or before
he has used reasonable means to discover and give notice to
the owner and has kept the propert a reasonable time to
enable the owner to claim it!
-hat are reasonable means or what is a reasonable time in
such a case, is a 5uestion of fact!
"t is not necessar that the fnder should know who is the
owner of the propert, or that an particular person is the
owner of itH it is at the time of appropriating it, he does not
believe it to be his own propert, or in good faith believe that
the real owner cannot found!
6llustrations
9a: A fnd a rupee on the high road, not knowing to
whom the rupee belongs, A picks up the rupee! &ere A
has not committed the o.ence defned in this section!
9b: A fnds a letter on the road, containing a bank note!
4rom the direction and contents of the letter he learns
to whom the note belongs! &e appropriates the note!
&e is guilt of an o.ence under this section!
9c: A fnds a che5ue paable to bearer! &e can form no
con/ecture as to the person who has lost the che5ue!
But the name of the person, who has drawn the
che5ue, appears! A knows that this person can direct
him to the person in whose favour the che5ue was
drawn! A appropriates the che5ue without attempting
to discover the owner! &e is guilt of an o.ence under
this section!
9d: A see Q drop his purse with mone in it! A picks up
the purse with the intention of restoring it to Q, but
26
afterwards appropriates it to his own use! A has
committed an o.ence under this section!
9e: A fnds a purse with mone, not knowing to whom it
belongsH he afterwards discovers that it belongs to Q,
and appropriates it to his own use! A is guilt of an
o.ence under this section!
9f: A fnds a valuable ring, not knowing to whom it
belongs! A sells it immediatel without attempting to
discover the owner! A is guilt of an o.ence under this
section!
&ection @>B- "riminal breach of trust: -hoever, being in
an manner entrusted with propert, or with an dominion
over propert, dishonestl misappropriates or converts to his
own use that propert, or dishonestl uses or disposes of
that propert in violation of an direction of law prescribing
the mode in which such trust is to be discharged, or of an
legal contract, e#press or implied, which he has made
touching the discharge of such trust, or willfull su.ers an
other person so to do, commits $criminal breach of
trust%!1N+4planation2N1O! 6A person, being an emploer DNof
an establishment whether e#empted under section 1G of the
0mploeesS Provident funds and (iscellaneous Provisions
Act, 1EC2 91E of 1EC2:, or notO who deducts the emploees
contribution from the wages paable to the emploee for
credit to a Provident 4und or 4amil Pension 4und established
b an law for the time being in force, shall be deemed to
have been entrusted with the amount of the contribution so
deducted b him and if he makes default in the pament of
such contribution to said 4und in violation of the said law,
shall be deemed to have dishonestl used the amount of the
said contribution in violation of a direction of law as
aforesaid!OBN+4planation 2! 6A person, being an emploer,
who deducts the emploeesS contribution from the wages
paable to the emploee for credit to the 0mploeesS 'tate
"nsurance 4und held and administered b the 0mploeesS
'tate "nsurance Corporation established under the
0mploeesS 'tate "nsurance Act, 1EB? 9DB of 1EB?:, shall be
deemed to have been entrusted with the amount of the
27
contribution so deducted b him and if he makes default in
the pament of such contribution to the said 4und in
violation of the said Act, shall be deemed to have
dishonestl used the amount of the said contribution in
violation of a direction of law as aforesaid!O
6llustrations
9a: A, being e#ecutor to the will of a deceased person,
dishonestl disobes the law which directs him to divide
the e.ects according to the will, and appropriate them
to his own use! A has committed criminal breach of
trust!
9b: A is a warehouse6keeper! Q gong on a Lourne,
entrusts his furniture to A, under a contract that it shall
be returned on pament of a stipulated sum for
warehouse room! A dishonestl sells the goods! A has
committed criminal breach of trust!
9c: A, residing in Calcutta, is agent for Q, residing at
>elhi! *here is an e#press or implied contract between
A and Q, that all sums remitted b Q to A shall be
invested b A, according to Qs direction! Q remits a
lakh of rupees to A, with directions to A to invest the
same in Compans paper! A dishonestl disobes the
direction and emplos the mone in his own business! A
has committed criminal breach of trust!
9d: But if A, in the last illustration, not dishonestl but in
good faith, believing that it will be more for Qs
advantage to hold shares in the Bank of Bengal,
disobes Qs directions, and bus shares in the Bank of
Bengal, for Q, instead of buing Compans paper, here,
though Q should su.er loss, and should be entitled to
bring a civil action against A, on account of that loss,
et A, not having acted dishonestl, has not committed
criminal breach of trust!
9e: A, a revenue6oPcer, is entrusted with public mone
and is either directed b law, or bound b a contract,
e#press or implied, with the Government, to pa into a
certain treasur all the public mone which he holds! A
28
dishonestl appropriates the mone! A has committed
criminal breach of trust!
9f: A, a carrier, is entrusted b Q with Propert to be
carried b land or b water! A dishonestl
misappropriates the propert! A has committed criminal
breach of trust!
.f )unishments 8 &. B3 8 &. GB
7in!s of punishments:
1. Death punishment
"t is the most grave penalt imposed b "PC! (an sections
still prescribe the punishment of death! 'ome of them are as
follows:
9a: 8.ence under 'ection 1EB "PC where a person gives
false evidence with intention to cause an person to be
convicted of capital punishment and if an innocent
person is convicted and e#ecuted in conse5uence of
such false evidence, the person who gives such false
evidence shall be punished with death or life
imprisonment or rigorous imprisonment and fne!
9b: 8.ence of murder for which punishment of death or
imprisonment of life is prescribed under 'ection DA2!
9c: 8.ence of murder committed b life convict as
described in 'ection DAD! *his section has been held
unconstitutional b the 'upreme Court in *ithu #.
&tate of )unjab NA"3 1E?D 'C BGDO! *he peculiarit of
this 'ection is that punishment of death onl is
provided! 7o other alternative punishment is seen
provided!
9d: 8.ence of abetting suicide of child or insane person
as mentioned in 'ection DAC "PC where death is a
punishment with other alternative punishments!
9e: "n 'ection DAG when a life convict attempts to
murder and hurt is caused >eath 'entence ma be
imposed!
29
9f: Midnapping for ransom as described under 'ection
D@BA ma be met with punishment of >eath along with
other alternative punishments!
9g: "f an one of fve or more person s who are
con/ointl committing dacoit, commits murder in so
committing dacoit, ever one of those persons shall be
punished with death along with other alternative
punishments!
"n ;achan &ingh #. &tate of )unjabNA"3 1E?A 'C
?E?O honble 'upreme Court of "ndia held that death
sentence is to be given onl in rarest of rare cases!
A. 6mprisonment for life
Fiving behind the bars are sometimes far more painful than
death sentence! "t is the most popular tpe of sentence after
death penalt! "n most serious o.ences this tpe of
punishment is prescribed! -herever death penalt is
prescribed, life imprisonment also fnds a place as an
alternative punishment!
As there is hue and cr regarding imposing of death penalt,
in appropriate cases Courts impose life imprisonment as a
safe method! 'ome sections which impose Fife "mprisonment
as a penalt are : 'ections 1EB, 2CC, DAB, DAB9B:, DAC, DAG,
D11, D1D, D1B, D2@, D2E, D@B, D@B9A:, DG@, DGG, DEB, DEC,
DE@, BAA, BAE, B12, B1D, BD@, BBE, BCE, B@A, B@G, BG2, BGG,
B?EA, B?EB, B?E> and C11!
3. 6mprisonment
3igorous imprisonment is of such tpe where the convict will
have to do hard labour! "n man o.ences the period of
imprisonment varies! "n simple imprisonment also the term
of imprisonment varies according to o.ences!
3.1 &imple imprisonment
3.A -igorous imprisonment
30
@. 5orfeiture
4orfeiture of propert is not ver common in "PC! 'ection @1
which specifed sentence of forfeiture of propert has been
repealed b "ndian Penal Code 9Amendment: Act, 1E21! "n
the present "PC three sections vi, 12@, 12G and 12E
describes forfeiture of propert!
B. 5ine
"PC prescribes fne as a penalt both independent and along
with other penalties! *he amount of fne varies with o.ences!
'ection @D sas that where no sum is e#pressed to which a
fne ma e#tend, the amount of fne to which the o.ender is
liable is unlimited, but shall not be e#cessive! 'entence for
non6pament of fne
31