The Maharaja Sayajirao University of Baroda

Faculty of Law

Year: Second Year B.A. LL.B. (Hons.) Paper Code:

Semester: First Semester

Subject: Law of Crimes – I: The Indian Penal Code (Core)

Objective:

1. The Indian Society has changed very rapidly since independence. A proper understanding
of crimes, methods of controlling them and the socio-economic and political reasons for
their existence is very important in the larger context of India’s development, if students
are to use their knowledge and skills to build a just and humane society.
2. The curriculum outlined here attempts to bring in these new perspectives while
acquainting the students with the basic principles of criminal liability and punishment.

Unit 1: General

1.1Nature and Concept of Crime

1.2 Constituent Elements of Crime

1.2.1 Act to be voluntary

1.2.2 Concomitant Circumstances

1.2.3 Actus Reus

1.2.4 Mens Rea

Unit 2: Stages of Crime& Attempts

2.1 Intention

2.2 Preparation

2.3 Attempt

2.4 Actual Commission of Offence

2.5 Tests for determining what constitutes attempt

2.5.1 Proximity Rule

 2.5.2 Equivocality Test

2.5.3 Social Danger

2.5.4 Impossibility Test

Unit 3: Historical Background of Criminal Law, the making of the Indian

Penal Code and Territorial Jurisdiction

3.1 Historical Outlines of Criminal Law

3.2 Criminal Law of the Hindu System

3.3 Mohammedan Criminal Law

3.4 Development of Criminal Law in India under the British Rule

3.5 Making of the Indian Penal Code: The Historical Background

3.6 Application of the Indian Penal Code, Extent & Jurisdiction

(Section 1 – Section 5)

Unit 4: General Explanations & Punishment

4.1 General Explanations (Section 6 – Section 52A)

4.2 Punishments

4.2.1 Aims and Object of Punishments

4.2.1.1 Deterrent Theory

4.2.1.2 Preventive Theory

4.2.1.2 Retributive Theory

4.2.1.3 Reformative Theory

4.2.1.4 Multiple Approach Theory

4.2.2 Section 53 to Section 75

Unit 5: General Exceptions

5.1 Mistake of Fact and Mistake of Law

5.2 Judicial Acts

5.3 Accident
 5.4 Necessity

5.5 Act of Child

5.6 Act of a person of unsound mind

5.7 Act of person incapable of judgment by reason of intoxication caused

against his will

5.8 Consent

5.9 Exclusion of acts which are offences independently of harm caused

5.10 Act done in Good Faith & Communication made in Good Faith

5.11 Act to which a person is compelled by threats

5.12 Act causing slight harm

5.13 Right of Private Defence

Unit 6: Group Liability, Offences against State & Offences against Public Tranquility

6.1 Abetment

6.2 Criminal Conspiracy

6.3 Offences against State

6.3.1 Waging war against the Government of India

6.3.2 Assaulting President, Governor, etc. With the intent to compel or restrain the
exercise of any lawful power

6.3.3 Sedition

6.3.4 Waging war against any Asiatic Power in alliance with the Government of
India

6.3.5 Committing Depredation

6.3.6 Public Servant voluntarily or negligently allowing or aiding a Prisoner of

War or a State Prisoner to escape

6.4 Offences against Public Tranquillity

6.4.1 Unlawful Assembly

 6.4.2 Rioting

6.4.3 Promoting enmity between different groups on grounds of religion, race,

place of birth, residence, language, etc., and doing acts prejudicial to
maintenance of harmony

6.4.4 Affray

PSDA ( Professional Skill Development Activities)

i. Examination of Criminal Records in various reports

ii. Visit to the Prison

Mode of Transaction:Lecture Method, Case Study and Group Discussion

References:

1. K. D. Gaur, Textbook on Indian Penal Code, Universal Law Publishing Co., New Delhi,
2015
2. K. I. Vibhuti, P S.A. Pillai’s Criminal Law, Lexis Nexis, Butterworths, Wadhwa,
Nagpur, 2015
3. RatanlalDhirajlal, The Indian Penal Code, Lexis Nexis, Butterworths, Wadhwa, Nagpur,
2015
4. Dr.Hari Singh Gaur, Penal Law of India, Law Publishers (India) Pvt. Ltd., Allahabad,
2013
5. Glanville Williams, Text Book of Criminal Law, Universal Law Publishing Co., New
Delhi, 2012