INTRODUCTION

TO CRIMINAL LAW
Introduces the concept of crime and
criminal Liability, distinction from
Civil wrong and MCQs
Indian Penal Code
Class Name
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Law Entrance Exam 2021
 Kriti Bhatnagar

● B.A LLB, NLIU Bhopal (2019)

● LLM, GNLU Gujarat (2020)
● Cleared UGC NET (2020)
● CLAT - All India Rank 339
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TODAY’S TOPIC – INTRODUCTION TO CRIMINAL LAW
WHAT WILL WE LEARN IN TODAY’S CLASS

- DIFFERENCE BETWEEN SUBSTANTIVE LAW

AND PROCEDURAL LAW
- WHAT IS A CRIME
- DIFFERENCE BETWEEN TORT AND CRIME
- PRINCIPLES OF MENS REA AND ACTUS REUS
- STAGES OF A CRIME
- MULTIPLE CHOICE QUESTIONS
DIFFERENCE BETWEEN SUBSTANTIVE LAW AND
PROCEDURAL LAW

LAWS
SUBSTANTIAL LAW
(Merely defines law and
punishment)
PROCEDURAL LAW
WHAT IS A CRIME
Blackstone – An act committed or omitted in violation
of a public law either forbidding or commanding it.

Oxford Dictionary – Crime as an act punishable by

law as forbidden by statute or injurious to the public
welfare.

Not only against Individual, crime against the society!

WHAT IS A CRIME
OFFENCE vs CRIME

For any act or omission to be called as a crime, it must

necessarily be punishable under some law.

MORALLY WRONG vs LEGALLY WRONG

JURISDICTIONAL -
Section 40 of the IPC states that “an offence denotes a thing
made punishable by the Code”. An existing offence in the IPC
will cease to exist, the moment the state repeals or invalidates it.
Indian Penal Code, 1860 (IPC)
The law that encompasses substantial
provisions of Criminal Law

The first draft of the Indian Penal Code was

prepared by the First Law Commission,
chaired by Lord T B Macaulay.

Definitions and Punishments of Offences

 DIFFERENCE BETWEEN CIVIL
WRONG AND CRIMINAL WRONG
CIVIL WRONG CRIMINAL WRONG

To enforce rights To punish wrong doings

Remedial Penal

Private individuals (Parties) State is a party

Determines the rights and liabilities of the To determine whether the accused is guilty
parties or not

Damages, injunction, specific Fine, imprisonment, death penalty

performance
PRINCIPLES OF MENS REA AND ACTUS REUS

ACTUS NON FACIT REUM, NISI MENS SIT REA

No act is punishable under criminal law, unless such

act was done with a criminal mind.

Exceptions exist – Strict Liability

PRINCIPLES OF MENS REA AND ACTUS REUS

ACTUS REUS –
The actus reus is made up of three constituent parts, namely:
(i) human action which is usually termed as “conduct”;
(ii) the result of such act in the specified circumstances, which is designated as
“injury”; and
(iii) such act as is “prohibited by law”.
If A fires at B in order to kill him, but the bullet causes only slight injury in B’s leg,
A is not liable for murder, unless the actus reus of the crime of murder is
complete. Of course, A will be liable for the offence of attempt to murder and for
causing simple or grievous hurt, as the case may be.
PRINCIPLES OF MENS REA AND ACTUS REUS

MENS REA –
No act is per se criminal; the act becomes criminal
when the actor does it with a guilty mind. Causing injury to an assailant in self-
defence is not a crime, but the
moment injury is caused with the intent to take revenge, the act becomes
criminal. Likewise, shooting in air is no crime, but shooting with the intent to kill a
man is a crime.

Intention must be distinguished from motive. Motive is the reason or ground of an

action, whereas intention is the volition or active desire to do an act.

A hits B because C told A to hit B.

Intention – to hit B
Motive – To do what C told A to do.

Motive is not a basis for criminal liability.

STAGES OF A CRIME
1. INTENTION

2. PREPARATION

3. ATTEMPT

4. COMPLETION OF CRIME
MULTIPLE CHOICE QUESTIONS
1 A man steals food in order to feed his starving
child, is this theft?

a. No, as his intention was not wrong, he wanted

to feed his child.
b. No, he could have lost his child and that would
have made him upset.
c. Yes, his act constitutes all the elements of a
crime
d. Yes, he cannot take food away in any
circumstances.
MULTIPLE CHOICE QUESTIONS
2 A sets a house, in an inhabited locality, on fire at
night for facilitating a theft, and thereby causes death
of some persons, he would be-
a. Liable for theft as he intended to only cause theft
b. Liable for murder as setting a house on fire would
result in death .
c. Not liable because he wasn’t the one who went
inside the house
d. Not liable because the two offences are different
and no similarity can be established in the act.
MULTIPLE CHOICE QUESTIONS
3 A fires at B in order to kill him, but the bullet causes only slight injury in
B’s leg, A is

a. Not liable for murder, unless the actus reus of the crime of murder is
complete
b. Liable for murder as the actus reus of Injury is complete
c. Not liable for murder as had no intention to kill B
d. Liable for murder as he had intention to kill B, even without actus
reus.
MULTIPLE CHOICE QUESTIONS
4 A wants to kill B. He buys a gun and cartridges for committing
the murder. He then sets out searching B and when he sees B,
he loads his gun and takes aim at B and pulls the trigger. The
gun did not fire. Which of the answer you will feel more
appropriate?
a A is guilty of attempt to murder B from the time he sets out in
search of B.
b. A is guilty of attempt to murder from the time he loads his gun.
c. A is guilty of attempt to murder from the moment he takes aim
at B.
d. A is not guilty as the gun did not fire.
MULTIPLE CHOICE QUESTIONS
5 A buys a gun and tells his neighbor that he is going to kill B. His neighbor calls
up the police. Is A liable for attempt to murder?
a. Yes, this is an attempt as he bought a gun and told his neighbor
b. Yes, as he telling his neighbor proves that he will murder B
c. Yes, if he is set free, he will kill B as he said and therefore he needs to be in
prison
d. No, he is not liable for attempt to murder
MULTIPLE CHOICE QUESTIONS
6 A is suffering from sleepwalking and one night while sleepwalking on the road,
he picks up a stone and throws it on a passenger nearby, here A is

a. Liable for hurting Passenger as throwing a stone on someone is a crime

b. Not liable as he did not intent to do so
c. Liable as it is not the passenger’s fault that A sleepwalks
d. Not liable as the passenger needs to be careful on road
MULTIPLE CHOICE QUESTIONS
7 A who is a professional Swimmer sees Z drowning in a pool. B who is Z’s
mother shouts “Is there a swimmer here, my child is drowning.” A does not save
Z and Z dies. Here A is –

a. Liable of an offence as he had the chance to save Z

b. Liable of an offence as he heard B’s pleas and still chose to be silent
c. Not liable as law does not necessitate saving a drowning man
d. Not liable as he did not hear B shouting
MULTIPLE CHOICE QUESTIONS
8 Criminal liability refers to:
a. whether or not a person will be convicted of a
crime.
b. whether or not an individual is monetarily liable for
his or her actions.
c. whether or not an individual is subject to being
convicted of a crime based on his or her actions.
d. None of the above
MULTIPLE CHOICE QUESTIONS
9 which of the following crimes are also punishable
for Preparation?
a. Theft
b. Dacoity
c. Murder
d. Conspiracy
SAMEERLIVE
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