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SYLLABUS DETAILS
LAW OF CRIMES – I (LLLB227L)
COURSE CONTENT
COURSE SUMMARY
This course which is the first core course in the branch of Criminal Law is aimed at introducing students to the basic principles of Criminal Law
and substantive offences affecting the human body in the Indian Penal Code. The course will critically examine the distinguishing features of
what constitutes an offence, its mental and physical aspects and the progression of the stages of an offence. The fixation of responsibility on both
individual persons and artificial persons will also be undertaken along with the excuses and justifications for not fixing criminal liability on such
persons. After the aforementioned foregrounding of the basic principles, the course will critically examine substantive offences in the Indian
Penal Code, particularly the offences affecting the human body, both from a gender neutral and gender specific lens.
By the end of this program, students should have the following knowledge, skills and values:
CO1: To understand the distinguishing features of Criminal Law
CO2: To understand the basic features of an offence in the criminal legal system
CO3: To understand the basic principles of criminal responsibility
CO4: To understand the various substantive offences affecting the human body
CO-PO MAPPING TABLE
PO1 PO2 PO3 PO4 PO5
CO1 √ √ √
CO2 √ √ √
CO3 √ √ √
CO4 √ √ √
DETAILED SYLLABUS
The locus of Criminal Law – State – Centric Process of Criminalization of Human Conduct; Distinction between Criminal Law & Other
Branches of Law
Features of an ‘Offence’ - Distinction between Crime and Offence; Territorial Jurisdiction of Indian Penal Code {ss. 40, 1-4, 18 IPC}
Types & Theories of Punishment - Theories of Punishment; Judicial and Legislative Interpretation of Punishments from Death Sentence
to Forfeiture of Property {Chapter III IPC}
Mens Rea & Actus Reus – Motive & Intention; Knowledge and the Reasonable (Wo)man Test; Rashness & Negligence; Strict Liability
Offences; Chain of Causation of an Act; Voluntary and Involuntary Acts; Positive Acts and Illegal Omissions {ss. 39, 32 -33 IPC}
Preparation & Attempt – Criminal Responsibility in Preparation for Certain Offences; Locus Poenitentiae Test; Proximity Test;
Penultimate Act Test; Impossible Attempts {s. 511 IPC}
Harm - Responsibility Theory in Criminal Law - Defining Harm & Injury; Defining an Accused in Criminal Proceedings; Consequences
of Accused being Dead, Missing or Unknown {ss. 43-44 IPC}
Criminal Responsibility of Artificial Persons – Personhood and Criminal Law; Company as an Accused; Sentient Beings and Artificial
Intelligence as an Accused {ss. 9, 11 IPC}
Agency in Criminal Law – Responsibility of Acts done through Different Persons; Principals and Accessories
Common Intention & Common Object - Participation or Presence of Accused as Sine Qua Non for Criminal Responsibility; Unlawful
Assembly & Common Object {ss. 34 - 38, 141 - 149 IPC}
Abetment & Criminal Conspiracy - Abetment by Aid & Illegal Omission; Abetment by Instigation; Abetment by Conspiracy & Criminal
Conspiracy {Chapters V & VA IPC}
Ex Officio Immunity from Criminal Responsibility - Exemption based on Status of Person; Sovereign, Constitutional and Diplomatic
Immunity {Article 361 Constitution of India; Judges (Protection) Act of 1985; Diplomatic Relations (Vienna Convention) Act 1972}
Justifications as General Exceptions - Mistake of Fact; Bound by Law & Superior Orders; Justified by Law, Accident, Necessity &
Prevention of Greater Harm {ss. 76 - 81 IPC}
Excuses as General Exceptions - Physical and Emotional Infancy & Immaturity, M’Naghten Rule in Unsoundness of Mind, Medical &
Legal Insanity; Voluntary & Involuntary Intoxication {ss. 82 - 86 IPC}
Benefit of Person – Consent & Good Faith Considerations {ss. 52, 87 - 92 IPC}
Private Defence – Limits of Private Defence of Body and Property; Proportionate Harm & Private Defence; Private Defence against
Public Servants {ss. 96 - 106 IPC}
Homicide & Suicide – Culpable Homicide & Murder; Special Exceptions to Murder; Death by Rash or Negligent Act in Road Incidents,
Medical Negligence and Corporate Negligence; Dowry Death; Abetment/Attempt of Murder/Suicide and the Euthanasia Debate;
Decriminalization of Attempt to Suicide {ss. 299 - 309 IPC}
Miscarriage of Pregnant Women, Hurt & Grievous Hurt – Child in Womb as a Person; Abortion & Criminal Responsibility; Physical &
Emotional Hurt; Spreading of Communicable Diseases as Causation of Hurt {ss. 39, 312 - 326B IPC; Medical Termination of Pregnancy
Act 1971}
Wrongful Restraint & Wrongful Confinement – Rights of Parents/Guardians over Children/Wards {s. 339 -342 IPC}
Criminal Force & Criminal Assault -{ss. 349 - 353 IPC}
Kidnapping & Abduction - Age and Consent of Victim in Kidnapping; Trafficking of Women and Children {ss. 359 - 374 IPC, Immoral
Trafficking Act 1956}
MODULE V: SEXUAL OFFENCES & OFFENCES AGAINST MARRIAGE
Sexual Assault - Modesty of a Woman; 2013 Criminal Law Amendments; Sexual Harassment; Voyeurism {ss. 354, 354A - 354D IPC,
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013}
Rape and Unnatural Offences – Evolution of Definitions of Penetration and Consent in Rape; Consent based on Promise of Marriage;
Statutory Rape; Marital Rape; Custodial Rape; Homosexuality and Criminal Responsibility {ss. 375 - 377 IPC}
Sexual Offences against Children –Presumption of Guilt of Accused; Criminal Responsibility for Sexual Activities between Minors
{POCSO Act 2012}
Obscenity – Evolution of Prurient Interest; Obscenity and Revenge Pornography in Cyberspace {ss. 292-294 IPC, Indecent
Representation of Women Act 1986, ss. 67-67B Information Technology Act 2000}
Cruelty to Wife, Adultery & Bigamy - Protection of Legally Wedded Wife and Live – In Partners; Decriminalization of Adultery;
Bigamy and Personal Laws {ss. 494 -498A IPC; Protection of Women from Domestic Violence Act}
Nil
TEXTBOOKS/LEARNING RESOURCES
Dr. K. I. Vibhute (ed.), P.S.A. Pillai's Criminal Law, LexisNexis ButterworthsWadhwa, Nagpur
K. D. Gaur, Criminal Law - Cases and Materials, LexisNexis ButterworthsWadhwa, Nagpur
Dr. K.N. Chandresekharan Pillai (ed.), Lectures on Criminal Procedure, Eastern Book Company, Lucknow
Module I
Cases
Readings
Andrew Ashworth & Jeremy Horder, “Criminalization”, Principles of Criminal Law, OUP, 2013, 23 - 45
Paul H. Robinson, “Should the Criminal Law Abandon the Actus Reus- Mens Rea Distinction”, Stephen Shute et al (eds.), Action
and Value in Criminal Law, OUP, 2003, 187-212
Richard A. Wasserstrom, “Strict Liability in Criminal Law”, 12 Stanford Law Review, 731
Mrinal Satish, “Escaping the Causation Conundrum”, (2017) 1(1) Indian Law Review 87
B.B. Pande, “Attempt on attempt”, (1984) 2 SCC (Jour) 42
Module II
Cases
Readings
Penny Crofts, “The Identic Turn: The Culpability of Accessories and Perpetrators”, 33 Law Context: A Socio-Legal J. 37 (2015)
Sabine Gless, et al. “If Robots Cause Harm, Who Is to Blame? Self-Driving Cars and Criminal Liability.” 19(3) New Criminal Law
Review, 412–436 (2016)
F. Lagioia & G. Sartor, “AI Systems Under Criminal Law: a Legal Analysis and a Regulatory Perspective”, 33 Philosophy &
Technology 433–465 (2020)
Module III
Cases
S. Murphy, “Immunity Ratione Materiae of State Officials from Foreign Criminal Jurisdiction: Where is the State Practice in Support
of Exceptions?” AJIL Unbound, 112, 4-8, (2018)
Heather Keating, “The ‘Responsibility’ of Children in the Criminal Law” 19(2) Child and Family Law Quarterly,183-203, 2007
Stanley Yeo, “The Insanity Defence in the Criminal Laws of the Commonwealth of Nations” Singapore Journal of Legal Studies,
229-241
Caroline Anne Forell, “What’s Reasonable?: Self-Defense and Mistake in Criminal and Tort Law”, 14 Lewis & Clark Law Review,
1401-1434, 2010
Katherine O’ Donovan, “Defences for Battered Women Who Kill”, 18(2) Journal of Law and Society, 219-240, 1991
Module IV
Cases
Readings
Andrew Ingram, “The Good, the Bad, and the Klutzy: The Moral Concern View of Criminal Negligence” 34(1) Criminal Justice
Ethics, 2015
Victor Vridar Ramraj, “Criminal Negligence and the Standard of Care”, Singapore Journal of Legal Studies, 678-693, 1999
V.K. Jayadevan, “Right of the ‘Alive’ (who) but has no Life at all- Crossing the Rubicon from Suicide to Active Euthanasia”, 53(3)
Journal of the Indian Law Institute, 437-473 (2011)
John J. Donohue Steven D. Levitt, “The Impact of Legalized Abortion on Crime Over the Last Two Decades” University of Chicago,
Becker Friedman Institute for Economics Working Paper No. 2019-75
Simon Hedlin, “The Relationship between Prostitution Laws and Sex Trafficking: Theory and Evidence on Scale, Substitution, and
Replacement Effects” 50(2) University of Michigan Journal of Law Reform, 2017
Module IV
Cases
Readings
Upendra Baxi et al, “An Open Letter to the Chief Justice of India”, (1979) 4 SCC (J) 17-23
Lisa R. Eskow, “The Ultimate Weapon?: Demythologizing Spousal Rape and Reconceptualizing Its Prosecution”, 48(3) Stanford
Law Review, 677-709, 1996
John Sabastian, “The opposite of unnatural intercourse: understanding Section 377 through Section 375” 1(3) Indian Law Review,
232-249 (2017)
Stern, Simon, “Wilde’s Obscenity Effect: Influence and Immorality in The Picture of Dorian Gray” (March 1, 2017). 68 Review of
English Studies, 756-72, 2017
Mary Anne Franks, “'Revenge Porn' Reform: A View from the Front Lines” Florida Law Review, 2016
Jacob Richards, “Autonomy, Imperfect Consent, and Polygamist Sex Rights Claims”, 98(1) California Law Review, 197-242 (2010)
REFERENCE BOOKS/LEARNING RESOURCES
Justice K.T. Thomas & M.A. Rashid (eds.), Ratanlal & Dhirajlal’s The Indian Penal Code, LexisNexis ButterworthsWadhwa, Nagpur
Dr. K.N. Chandresekharan Pillai (ed.), R.V. Kelkar’s Criminal Procedure, Eastern Book Company, Lucknow
D.D. Basu, Criminal Procedure Code 1973, LexisNexis ButterworthsWadhwa, Nagpur
Jeremy Horder, Ashworth’s Principles of Criminal Law, Oxford University Press
TEACHING-LEARNING STRATEGIES
EVALUATION STRATEGY
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