er RRS ASRS » Crime An act punishable by law as forbidden by statute is known as a crime. a A commission or omission which is baneful to the society is a crime. @ According to Blackstone, a crime is an act done in violation of Public Law.Basic Principles of Criminal Liability An act to amount to a crime must conform to the following two cardinal principles of criminal liability. No one is held criminally liable unless he had done an act which is expressly forbidden under the criminal law. There is no liability under criminal law for omissions, unless there is a duty imposed by law to do the actEssential elements of crime ‘Actus non facit reum nisi mens sit rea’ ‘There can be no crime without a guilty mind’. components of a crime are: (i) Actus Reus (Guilty Act)-Physical element (ii) Mens rea (Guilty Mind)-Mental element.Actus Reus Actus Reus is made up of three elements. (i) Human action i.e., conduct. (ii) Result of the conduct i-e., injury. (iii) Such act is prohibited by law.Mensrea-Blame-worthy mental condition Bittorent forms of mensrea are: Intention (desire to bring about certain consequences or desire to do an act.) Motive ( the reason or ground of an action.) Knowledge (awareness of the consequences.) Recklessness ( foresees the consequences of his conduct, does not desire it, but is quite indifferent to the consequences.) Negligence (want of care and protection which a reasonable man would have taken under the particular circumstances.)Causation in Crime - Aman is said to have caused the actus reus of acrime - if that actus would not have occurred without his participation in what was done. + Aman will be criminally liable - for such consequences of his conduct as he foresaw or - ought to have foreseen.Causation of Crime contd.. Aman will be criminally liable, even - where there is no physical participation (by instigating another person to commit a crime) - where the participation is indirect (by using an innocent agent) He will not be liable - if there is intervention of another person and that intervening act becomes the immediate and direct cause of the consequence)Stages of Crime + There are four stages in the commission of an offence. (i) Intention (ii) Preparation (iii) Attempt (iv) Actual commission of the offence.* Intention —- Emergence of an evil intention in the mind of the accused. (This stage is not punishable, because it cannot be proved) * Preparation — Arranging or devising means or measures necessary for the commission of an offence. (Not punished unless provided by the penal law). Egs. Preparation to wage war (section 122 IPC) Preparation to commit depredation against territory at peace with Government of India (section 126 IPC) Preparation to commit dacoity (section 399 IPC).Attempt o doing an act * towards the commission of an offence and + if the attempt had succeeded, * the offence charged would have been committed.‘ay Sar Bade asaon puproaaeagma co EXCEPTIONS / CRIMINAL LIABILITY D CRIME = Person + Mens rea # Act + Resut » Some offences have not all these four essentials. It is explained in connection with the concept of Criminal Liability as... A Wearlous Uabilty | = M+ A+R (a person istiable foreriminal acts af others) if Joint Liabilty Stet Ublly Constuetive Uabilly Inchoate UabiltyEXCEPTIONS / CRIMINAL LIABILITY > CRIME = Person + Mens rea + Act + Result » Some offences have not all these four essentials. |t is explained in connection with the concept of Criminal Liability as. { Vicarious Uabilty Joint Liabity ‘Strict Uabblity Constructive Liability Inchoote Uabilty M+ A+R (aperson isllable torcriminal acts of others) Section 154 -Gwner or Section 155 -Lictalty Section 156 Uabilty ofagent o committeddy Athan fade Lada nitharbondetigndicon EXCEPTIONS / CRIMINAL LIABILITY & CRIME = Person + Mens rea + Act + Resull > Some offences have not all these four essentials. It is explained in connection with the concept of Criminal Liability as 4 Vicarious Unbilty | = M+ A+R (a person isilable for criminal aciso! others) Joint Llabity = (PI + P2) + M+ A + R (a personisioie er criminal oes wih other persons joint) —+ Section 34 « Ack done by jersansinfurth Stic! Uablty ++ Section 1208 - Purishment of criminal consoia ++ Section 149 -Every member afuriawhl assembly quity of offence committed in prosecution of common objec Constructive Uabilly | —- Section 395 -Punstment far “+ Section 402 -Assermbing for ps commenintantion ‘commiting dacoily Inchoate UabillyAb San donde tatoo nenareandengmlcin EXCEPTIONS / CRIMINAL LIABILITY > CRIME = Person +Mens rea+ Act + Result > Some offences have not all hese four essentials. Itis explained in connection with the concept of Criminal Liability as... { Wearovs Uaitly 9)] = M+ A+ R (o person sable fr ciminal octsot ober) deintLibty | = (P1 + P2) + M+ A+ (a paroniable kr cna act wih cer pesos jy) ‘hie Uabaty A+B jpn ele tir Giada ih a ct ~ Section 444 Bigamy = Section 268 -PubIc Nuisance Sensiuciive HOBBY |] — section 48 -Purishment for ichapaing fection 342 -Abucton ‘fnenoate uapmiy og) ~ Chopler-10: Contempt ofLawiuiAvtnady of Pubic servants = Section 374—Carmiting rape ofa gt (below 1420s af age] with har consent‘hs Stan nde apa. stharamdetgicm (ogee EOLA D> CRIME =Person + Mens rea + Act + Result » Some offences have not all these four essentials. |t is explained in connection with the concept of Ciiminal Liobilty cx... Vicarious Uabilty Join Liabty Shit Uobl ty Constructive ably Inchoote Lato =M+A4R (person istiable tor criminal acts of others) = (PI + P2)+M+A + R (a person is bate for criminal octs with alter persons jlrty) = P+ A+ (open istable fr cimind oc even bought sno menssea) = P+ M+R (nooctby the person, but he does the cimind act through person(s) + Secon canmaninknto + Secton inc Secon 149-5 carenen eel + Seefon 94 bala alollence eemmitsdingrazzculen of(Ab Stan donde, tatoo nenareandengmacan EXCEPTIONS / CRIMINAL LIABILITY > CRIME = Person + Mens rea + Act + Result > Some offences have not all these four essentials. It is explained in connection with the concept of Criminal Liability as.. Vicarious Unbilty Joint Liabaty ‘Shiet Uobilty Constructive Uabilty Inchoate Ubity =M+A¢R (0 persons liable tor criminal acts of others) =(PI + P2)+M+ A+ R (a peron stable fo cininal acts with other persons ny) = P+ A+R (aperonis abl for cin acts eventhough heels no mens eo) =P + M+ R (no oct by the person, but he does the esmind act through persanis)) «Secon 30 ong resoen acon dacoty =P + M (oo actend no res Secon 0. Futment kr bong lo garg of dace Secfon 01 Fushi! ler denang oa garg ol hie, «Sen 2 Aueing kr purple ol eon Sarayhay Sean tan taamba hesareandetgnalcon EXCEPTIONS / CRIMINAL LIABILITY > CRIME =Person + Mens rea + Act + Result > Some offences have not all these four essentials. |t is explained in connection with the concept of Criminal Liability a...... Weorlous Uabiltly | = M+ A+R (a person istlable forcriminal acts of others) Joint Unbitty | = (PI + P2) + M-+.A+ R (a person stot kr crninal acs wth ater pexsons iy) Strict Unbity = P+ A+R (apersonis fable for criminal acts even though there ls na mensvea) =P+M+ : tvewe Lala P+ M+ R (no act by the person, but he daes the cémnind at through persons) = P+M (noact and no resull) + Al Atiempts Inchoale Latbty ‘Neen (60107129) =P+M+A (no iiendedresut) " Cimiel ConmpkorySTAGES OF CRIME Commission of a crime involves FOUR stages... |. Offences in which | JON is punishable 0 Abetments, Criminal Conspiracy 0 Sections 121 40 123: Waging War against the Govt O Section 124: Sedition O Section 402: Mere assembly of persons for committing the dacoity without further preparation IL Offences in which PREPARATION is punishable QO Section 122: Collecting arms, etc., with intention of waging war against the Govemment af India QO Section 126: Committing depredation on territories of Power at peace with the Govemment af India iii O Section 399: Making preparation to commit daccity QO Section 276: Sale of drug as a different drug or preparation O Sections 233 to 235 & 257: Preparation for counterfeiting coins & Govt. stamps O Sections 242, 243, 259, 266 & 474: Possessing counterfeit coins, false weight or idccomptacent measurement and forged documents 14a Suoran tnd Katooa sanerbandszgmesicomSTAGES OF CRIME UW, Offences in which ATTEMPT is punishable Q Section 307: Attempt to murder QO Section 308: Attempt to commit culpable homicide O Section 309: Attempt to commit suicide QO Section 3248: Attempt to Acid Attack O Section 393: Attempt fo commit robbery Q Section 398: Attempt to commit robbery or dacoity when armed with deadly weapon + O Section 511: Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment IV. Offences in which A\ PLISHMENT is punishable QO All offences except those specified under List-I, Il, and Ill. Ade Suton tande Kadena. srerbandeagmatcamElements of Punishment Infliction of pain or unpleasant consequences Prescribed by law Administered in accordance with procedure By the State Two dimensions to punishment: — Purposes that justify the punishment — Proportionality of the nature and quantum of punishment in relation to the nature and seriousness of the crimePUlpPOses Cf punishment * Retribution - to gratify the instinct of revenge or retaliation, which exists not merely in the individual wronged, but also in the society at large. « Deterrence- to prevent the wrong doer from doing a wrong the second time and also to make him an example to other persons, who have criminal tendencies.Purposes of punishment contd.. * Preventive — to prevent the offender from offending again in future by disabling him. * Reformative — to reform the offender and by giving some vocational training in art, craft or industry, enabling him to lead a good life and become a respectable citizen of society after release.NUMBER OF PUNISHMENTS FOR DIFFERENT OFFENCES UNDER IPC-1860 & According to Sec-53 of Indian Penal Code-1860, the offenders are liable for FIVE kinds of punishment. 1. Death Punishment 2. Imprisonment for Life 3. Imprisonment (Rigorous and Simple) 4, Forfeiture of Property, and 5. Fine Sec-126, 127 8 169 $ec-510 ty haba trae fasooa straroandesgmicanSine & Crime Distinguished Sin » Concept of sin emanates from religion. » Sin results in violation of rules of religion. » Asinner is punished by God. » There is no direct injury or harm in case of a sin. » The remedy for sin is penance. letsiants » Crime is a legal preposition. » Crime is always envolves a breach of law. » Criminal is punished by the state. Crime necessarily involves some kind of direct injury. the remedy for crime is punishment.NATURE &SCOPE OF CRIMINOLOGY » Broadly speaking, criminology deals with the legal psychiatric aspect or the medico, psychological, biological, padagogical or sociological aspect of criminality and the factors related there with. » Prof WA Bonger preferred to study theoritical criminology under the following sub heads. > Continues....... | >Criminal Anthropology » It seeks to understand the personality of the offenders in physical terms. » Cesare Lombroso emphasised that criminal were different physically from normal person. _Criminal Sociology » It is based on Sutherlands theory of differntial association, §$““——————— » Sutterlands theory explains criminal behaviour as a process of learning through association with other criminals. | aeCriminal Psychology » It seeks to co-relate criminalty to emotional aspect of human nature. |Criminal Psycho- Neuro Pathology » This branch of criminology attributes criminality to functional deviation and mental conflicts in the personality of offender. » The factors such as inferiority complex, frustration, depression, anxiety etc. may lead a person to commit crime. a