LAW OF CRIMES (IPC)

TEST

ANSWERS:
1. (a)
the principle of legality is the important aspect of the criminal law while determining
the value of criminal justice.
-
Nullum crimen sine lege
Nothing is a crime unless it is defined under specified law
Nulla Peona Sine Lege-
that there is no punishment given without specific authority in law.

The concept of the principle of legality can be explained in detail with its 4 principles
of
The principle of non- retroactivity: where a person cannot be punished under the
accordance of law where an offence is previously declared as an offence i.e the
concept of the offence should be prospect and not retrospect in nature. The crime
should be accepted and punished at the time of offence and not after the time when it
is declared by law
The principle of maximum certainty: where the laws should be defined as the that it is
understood by all people that the meaning and definition of the crime is specified and
understood by the public and to give the fair warning to the people understand the
nature of crime and the act or omission is a criminal offence.
The principle of strict construction: where the concept of crime defined should have a
strict and narrower interpretation so that the concept has no ambiguity
The principle of presumption of innocence: that is that no person is accused until
proven guilty i.e. the offender will be considered as a innocent until proven guilty

THE INDIAN CONDITION IN THE PRINCIPLE OF LEGALITY:

Ex-post facto laws as

Art 20 of the Indian Constitution guarantees the fundamental
right to a person with regard to ex post facto laws, double jeopardy and prohibition
against self-incrimination.
Clause (1) Double jeopardy: no person can be punished again or twice for the same
offence.
And no punishment greater than the specified in law should not be given.
Prohibition against self-incrimination: In India, the right against self-incrimination is
incorporated in clause (3) of Article 20. That is no person should be forced to testify
against one’s self.
The specificity of offence that the offence should to defined under the law, the
offence must be crime in the Indian penal code
The burden of proof for the innocence principle is that the burden of proof is upon the
prosecution and not the on the accused and the accused can remain silent.

b)
The term omission can be defined as the failure to do something or to not perform an
act that is entitled to be done and that failure of not doing the act leads to a criminal
offence. Here the duty to be performed often constitutes a legal duty obligation and
not a moral duty in most. The omissions as an offence mostly occurs in statutory
crimes. The part of omissions in law is defined in the INDIAN PENAL CODE,1860,
and the sections 32, 33, 36 are read with sec.43 to understand the context of
omissions.
the act of omission attracts criminal liability when a person is under a duty to act
which is recognized by law and arising out of:
Relationship
This term generally embodies the legal duty obligation to a person in a relationship,
example:
The case of om Prakash v. the state of Punjab, where the relationship conflict arises
between husband and wife, were the husband did not provide basic amenities to the
wife and forcefully confines her and the wife dies, husband failed the duty to take care
of wife and he was held liable.
Contracts
Contractual relations may give rise to duties, example in employee as healthcare
professionals where there is an agreement of doing something the breach of the
agreement leads to omissions
Case: R V. Pittwood, were the defendant an employee in railway failed his duty of
close the railway crossing and due the omission by negligence, the act lead to death of
the the court held that it was his duty and by the omission of the act he was held
liable.

Statute:

Certain duties that are imposed by the statues that gives legal obligation in performing
the act the failing it leads to omission of the act. Example, section 125 of
CrPC(maintenance)

Creating a dangerous situation:

If a person creates a dangerous situation and did not solving it that causes harm to
other, it leads to omission. Example: R V. Miller, Were a person a homeless man
entered into a house and started smoking and did not dispose the smoke properly
because of which room caught fire, and the man did nothing to stop the fire and ran
away and due his negligence the house caught fire and he was held liable. Here his
omission of his duty of putting the smoke and fire and failing it created a dangerous
situation.
2.
The person kishan can be held liable , it can be referred with the case of mobarak ali ahamed
v. state of Bombay , the jurisdiction under sec.2 of IPC under the jurisdiction issuses and the
clause of where the offence is committed and physical presence of the offender does not
matter , even the misrepresentation was held liable.
3. Corporate criminal liability , aggregate theorey and identifiv=cation theorey.

Submitted by: ABHISHEK.S

BC0190002