3-8

Law – is the common opinion of common people of a time. Law is the aggregation of rules
and regulations framed or adopted to govern any individual, group, society, organisation etc.

Law can be divided into 2 parts:-

1) Codified – all laws passed by any authority and available in the form of an act.
2) Uncodified – all conduct accepted by the common people as part of their lives based
on customs and traditions.

Territorial Laws – All laws applicable to everyone without discriminating the religion, caste,
sex or even the nationality on a territory.
Personal Laws – The law that are applicable on a particular community or religion are
termed as Personal Laws and they need to abide by the laws even beyond the Indian
territories.
Civil Laws – All the laws that provide the provision of remedy as compensation.
Criminal Laws – Where apart from the compensation, a punishment needs to be given to set
an example for the society.
Substantive Law – All the laws that provides the rights and duties or what to do or what not
to do.
Procedural Law – The law that defines a mechanism to enjoy the rights defined under
substantive law.

Crime – is an act or omission of an act prohibited and punishable by

1. Social
2. Moral
3. Religious
4. Legal
When the people started living in a group or association, they felt a need of rules and
regulations to govern the social behaviour and for such purposes they approved certain
behaviour and disapproved certain conducts. The disapproved conducts were considered as
wrong. Out of all wrongs, certain wrongs attract the provision of social, moral or religious
texts, while certain wrongs attract the provision of legal law. Under this legal law the wrongs
are again classified in two parts – the one against which compensation needs to be paid is
termed civil crime and the wrongs against which punishment needs to be given are termed
criminal wrong.
NATURE OF CRIMINAL ACTIVITY
 1. The activity must be a wrong against a large number of people of the society.
2. The activity should always be in realm and not in persona and steps against the wrong
must be taken by the state or the government.
3. Such wrong should always be punishable by law (legal).
4. There should be a particular process to punish the person.

PRINICPLES OF CRIMINAL LAW

1. Accused will be assumed innocent until proven guilty. It means that framing a charge
against a person does not prove him guilty of the offence. The charge framed is only
the allegation against him.
2. The burden or duty to prove the guilt is on the prosecution.
3. Accused has a right to be silent unless he is specifically asked to answer.
4. Double jeopardy

Definition of Crime
Bentham: Crime or offences are whatever the legislature has prohibited for good or bad
reasons. THIS DEFINITION IS NOT APPROPRIATE because every legislature does not
provide punishment, e.g., Law of Contracts
Paul: Crime is an intentional act or an omission in the violation of criminal law without
justification. THIS DEFINITION IS ALSO NOT APPROPRIATE. E.g., Unsound mind or
intoxication
Stephen: An act forbidden by law, and which is at the same time revolting the moral
sentiments of the society. THIS DEFINITION IS ALSO NOT APPROPRIATE as morality
differs from place to place and time to time. e.g., Sati pratha.
Blackstone: An act committed or omitted in violation of public law. Austin means public law
as constitutional law and it means political offence are under it. Germans means that public
law is constitutional law + criminal law and others said public law means positive law means
statutory laws.

Crime is like searching a black cat by a blind man in a dark black room while there is
no cat.

Difference between contract, tort and crime.

Contract Tort Crime

Contract is a way to convert an Tort deals with the duty of Crime is an act forbidden
agreement into enforceable care that law imposes on all and punishable by any
contract with a mechanism if of us with the provision particular criminal law.
anyone violates their duty what happens if one
 what remedy is available to violates their duties.
others. It is always under the
guidance under certain law.

Corporate Criminal Liability - Corporation is a group or a large group of people that comes
into picture as a single entity or separate entity after going through the provisions of the
Companies Act, 2013. Generally, a company is not liable for any punishment, only the human
being act on behalf of the company are liable but right now as per the higher court's company
is also liable as a person. A person means anything and everything upon which a liability or
responsibility can be imposed.

ESSENTIALS OF A CRIME

1) Human being – Human being is the first requirement for constituting a crime,
though there are certain examples of ancient European countries where not only
the human being but animals as well as any inanimate objects were punished
because the criminal administration of justice was based on the theory of
retribution and the ultimate aim of a person was to take revenge and to console
himself. Though we still follow this provision in some or other manner. At that
time, the right to punish was with individual one and later on this right was
transferred from the individual to the society. But we are lucky not have such a
concept in India and here only human beings were punished for any crime.
Sometimes, human beings were punished on behalf of their animals but again it
was due to the omission of taking care of their animal.

2) Evil intention (mens rea – guilty mind) –

Actus non facit reum nisi mens sit rea – means an act alone does not make a person guilty
unless his intentions were so.
Actus me invito factus non est meus actus – means an act done by me against my will is
not my act at all.

3) Act or omission (actus reus) – A human being and mens rea are not sufficient to
constitute a crime unless an act is done in furtherance of that guilty mind because
a person cannot peep into the mind of a person, so any activity is required to judge
the guilty mind. The act or omission must be prohibited by some law.

4) Injury- The act done should result in injury either to individual, group or to
society in the form of mind, body, reputation or property.

Though all 4 points have essential to constitute any crime, but there are certain exceptions:
 1) Mens rea is the point to constitute a crime, but there are certain activities that are
crimes even in the absence of mens rea and based on strict liability, but the activity
should be clearly mentioned in any criminal law. Like bigamy.
2) Certain crimes are without injury – attempt to murder.

HISTORICAL BACKGROUND OF INDIAN PENAL CODE

1) Ancient England – At that time, there was no law of crime rather it was law of
wrongs and everyone including the animals were to be punished for every wrong.
There was no such difference of Tort or Crime and mens rea was not required for any
wrong (reason for animals to be punished). The right to punish was with individual
one and later such right was transferred to the society.
2) Hindu Criminal Justice – The right to punish was never with the individual, it was
always with the King. Mens rea was an essential point to constitute a crime and only
human being were to be punished.
3) Muslim Criminal Justice – Muslim criminal administration of justice was mainly
based on Quran and hadees. There were two types of crime – one against God (like
intoxication) and second against Individual (like murder). There was no concept of
crime against the society. The crimes against god were considered as against the
public and the right to punish for such crimes were with the public and the right to
punish against the individual one was with the individual. A non- Muslim could not be
the witness in any case affecting Muslim.
4) British India – After holding the criminal administration of justice for the dominion
of India by the East India Company, Muslim rules were continued in practice. But
gradually, they found certain defects in Muslim criminal administration. So, Warren
Hastings and Lord Cornwallis started reforming the defects, but it was only for their
own area and not for the entire country. In 1832, it was decided to frame laws for the
entire country. In 1833, the charter act was passed to empower the legislation and in
1834, the first law commission was appointed with Lord Macaulay was Chairperson
and MacLeod, Anderson and Millet as members. In 1837, the commission presents its
first draft that was revised by Peacock and more in 1850. The revised draft was
submitted to the Legislative council in 1856 and it got the assent on 6 th October 1860
and came into effect on 1st January 1862.

TITLE AND APPLICABLITY OF INDIAN PENAL CODE (SECTION 1)

The name of this act is Indian Penal Code, 1860 and it is applicable to whole of India (as per
Article 1(3) of the Indian Constitution – state territory, union territory and any other territory
as maybe acquired)

JURISDICTION (POWER OF THE COURTS)

1) Intra – Territorial Jurisdiction (Section 2)
  If anyone Indian or foreigner commits any activity prohibited by Indian Penal Code
on Indian territory will be liable under the provision of Indian Penal Code.
 There are no exemptions for any person, rather there are certain privileges provided as
per the Constitution of India as well as through approved principles of international
law. Eg. President of India, Governor, sovereign heads, diplomatic agents etc.
 The IPC is applicable to the whole India including state territory, union territory,
seawater up to 12 nautical miles, and space up to where we can control.
 Sometimes, a person does certain activity beyond Indian territory that resulted being
on Indian territory. The person will be presumed to commit the activity on Indian
territory. This presence will be known as constructive presence.
 A foreigner cannot take the plea of ignorance of Indian law.

2) Extra – Territorial Jurisdiction (Section 3-4)

 Any citizen of India if commits any activity prohibited by IPC beyond the territory of
India will be liable under the provisions of IPC.
 Section 4 is an extension of Section 3
1. Citizen of India commits any offence beyond Indian territory.
2. Any person Indian/foreigner commits any activity of any ship/aircraft
registered in India.
3. Any offence of Cyber crime

Section 5 – Certain laws not to be affected by Indian Penal Code

1) General laws – IPC
2) Special laws – P OCSO
3) Local laws –

Military law, navy law, air law or any special or local law will prevail over IPC (mutiny and
desertion)

GENERAL EXCEPTIONS

Section 6 - Definition – Subject to exception

All the definitions defined under IPC, all penal provisions as well as all illustrations can be
applied subject to the provisions of general exceptions. It means the Court is under the duty
to check the provisions of general exceptions before punishing a person. If the situation
comes under Section 76 – 106, it negates the criminal liability.
Section 7 – Sense of expression once explained.
Certain words are used at different places in the entire IPC. The meaning of those words will
be as defined under Chapter – General Explanation from Section 8 – 52A.
Section 8 – Gender (he includes she)
National Legal Service Authority v. Union of India
Section 9 – Number – singular number includes plural number
Section 10 – Men and Women
Men – A male person of any age
Women – A female person of any age
Section 11 – Person
Includes all the companies, associations or body of persons whether incorporated or not.
Section 12 – Public
Includes the class of the public or community
Section 13 – Queen
Section 14 – Servant of Government
Any officer or servant who is continued, appointed or employed by the government. A person
who is on the payroll of the government is servant of government.
Section 15 – British India
Section 16 – Government of India
Section 17 – Government
Includes central government or state government as the case maybe
Section 18 – India – The whole territory of India
Section 19 – Judge (judges and persons empowered by law for legal proceedings) like
magistrate, collector, member of panchayat, election commissioner, arbitrator, etc.)
Section 20 – Court of justice
Where judge acts judicially
Section 21 – Public servant
Section 22 – Movable property
All corporeal property of every description except Land, things attached to the Earth,
anything permanently fastened with something attached to the Earth.
Section 23 – Wrongful gain/ wrongful loss
Wrongful gain is a gain by unlawful means of property to which the person gaining is not
legally entitled.
Wrongful loss is a loss by unlawful means of property to which the person losing is legally
entitled.
Section 24 – Dishonesty
General meaning – deviation from honesty but it has nothing with honesty in IPC
An act done with intention to cause wrongful gain to one person or wrongful loss to another
person.
Section 25 – Fraudulently
Act done with intention to defraud a person, or to deceive someone for getting certain
advantage that may include the monetary things or not.
Section 26 – Reason to believe
Sometimes a person is not sure about anything, but he needs to form an opinion and to accept
the opinion as real. So, in order to form an opinion, there must be sufficient ground or reason
to believe in that opinion. Eg- Circumstances, past experiences, time, place, background etc.
Section 27 – Possession of property
Sometimes, a property may be into the possession of a person’s wife, servant, or clerk. Such
possession will be considered as the possession of that person.

Section 28 – Counterfeit (IMP)

Causes one thing to resemble another thing to deceive or likely to deceive someone.

Section 29 – Documents
Any matter expressed or described upon any substance by letter, figure, and mark to use in
evidence (whether used or not).

Section 29A – Electronic record as per IT Act.

Section 30 – Valuable security

A document whereby any legal right
Legal right may be
1) Created
2) Extended
3) Transferred
4) Restricted
Through which any person acknowledges that :
1) He’s under certain duty
2) He has no legal right

Section 31 – Will
A testamentary document (a wish of the person to dispose of his property after his death)

Section 32 – Act
It includes illegal omission

Section 33 – Act and Omission

Single act includes series of acts

Section 34 – 38 – Common intention (Megha ma’am)

Section 39 – Voluntarily
Every person is the judge of his own acts as he can visualise the probable consequences of his
own acts. If any person is doing something with the same probable consequences or using
any means with same consequences, his activity will be considered voluntarily.

Section 40 – Offence
Any act or omission punishable by Indian Penal Code or in certain circumstances by special
or local laws.

Section 41 – Special Law

Applicable on a particular matter or subject
Section 42 – Local law
Applicable only in a particular area

Section 43 – Illegal
Which is:
1) An offence – Any act or omission punishable
2) Prohibited by law
3) Furnish the ground for civil action

Section 44 – Injury
Any harm illegally caused to:
1) Mind
2) Body
3) Reputation
4) Property

Section 45 – Life
Life of a human being unless contrary appears

Section 46 – Death
Death of a human being unless contrary appears

Section 47 – Animal
A living creature other than human being

Section 48 – Vessel
Anything made for conveyance by water to human being or property
Section 49 – Year and Month
As per British calendar
Section 50 – Section
Portion of a chapter

Section 51 – Oath
An affirmation or declaration to any public servant or to prove in Court of justice (whether
used or not)

Section 52 – Good Faith

Anything done or believed to be done with proper care and attention (relates with Honesty)

Section 52A – Harbour

Any shelter including providing money, food, shelter to evade the arrest of any person.

STAGES OF A CRIME

1) Formation of an intention to commit a crime – The first stage starts with the
conceiving of an intention or idea to commit a crime (mens rea or guilty mind). This
stage relates to the internal part of the mind, and no one can judge the other persons
mind as no one can peep into the mind of a person, so certain activities are required
by that person to judge what is in his mind. Though this stage is the first stage, but not
punishable because a person can change his mind at any time before doing any act. As
in this stage, a person conceived certain mens rea but mens rea is not defined, so in
order to understand the concept of mens rea, certain words are used in IPC and if any
person does any activity as per those words, his activity will be considered with mens
rea. Eg. Dishonestly, fraudulently, negligence, voluntarily etc.

2) Preparation to commit the intended crime – After conceiving any mens rea into
mind to commit the crime, second stages come into picture I.e. preparation, means to
arrange the necessary means to commit a crime. But this stage is also not punishable
because of the following reasons -

 Apart from the motive to commit the crime, preparation is a harmless act.
  It is almost impossible to prove that preparation is for committing any
unlawful or wrongful act.
 Preparation does not affect the sense of security.
 Innocent person may be harrased.
Exceptions – There are certain exceptions where a person can be punished on preparation
because these cases exclude the possibility of innocent intention.

a. Section 122 – Collecting arms with intention to wage war against the Government of
India
b. Section 399 – Preparation to commit dacoity.

3) Attempt to commit the intended crime – As initial two stages are not punishable
due to certain reasons, the third stage – attempt starts with taking any step necessary
to constitute an offence but what is the step necessary depends on case to case. But if
the person has taken a step and waiting for the result, such step comes under the
category of attempt and this stage is punishable. But so long there is a possibility for
changing the mind and the intended crime could be avoided, that activity will not be
considered as attempt.
4) Commission or completion of the intended crime – This stage is punishable
because of the result of the intended crime.

Attempt under IPC

1) The Commission of offence and their attempts are defined under the same
section and attempt is punishable with the same punishment as that of the
offence.
2) The commission of offence and their attempts are defined in separate sections
and attempts are punishable with different punishments.
3) Where commission are defined but their attempts are not defined in any section.
Section 511 will be into picture for all such attempts.

Exceptions -
1. Offences punishable with life imprisonment
2. Offences punishable with imprisonment
3. Causes an offence to be commited (Abetment)

Punishment for such offence:

 1) Half of the imprisonment
2) Half of the maximum punishment
3) Fine or both

THEORIES OF PUNISHMENT

1) Theory of proximity (near to the result) - Once the offender has completed his own
task towards the commission of the offence and waiting for the result, that is the
essential ingredient of the offence, but the result has not taken place either of the want
of the skill of the offender or due to some other reason, the person will be liable for
the attempt.
2) Theory of impossibility – An attempt to do an act which in fact was impossible to
perform. Initially, the court was with an opinion that a person cannot be liable for an
attempt of any impossible act but now the Court is with different opinion and can hold
a person liable for attempt even for impossible act.
Queen v. Collins - The person was not liable for attempt.
R v. Ring – The Court held the person liable for attempt based on mens rea and actus reus and
in absence of injury.

ABETMENT (SECTION 107)

Generally, to constitute any offence four essentials are required and the person will be liable
for that offence if he has acted through his own act. But sometimes a person does not commit
any crime or offence through his own hand but get the crime done through some others hand
by commanding, helping or requesting. Such command, request, help, urge etc. that boosts a
person to commit any crime or become the ground for promotion of the crime is termed
abetment and the person can abet the doing of a thing:

 By Instigation - It includes any kind of provocation through some active participation

for committing the crime. It may include the command, request, urge etc. Any form of
language can be used to promote the crime. Generally, the silent approval or verbal
communication or verbal permission is not considered the promotion of the crime and
the language used may be the direct or indirect provocation.
  By Conspiracy - An agreement to do an illegal act or to do a legal act by illegal
means. For abetment by conspiracy, simple agreement is not sufficient, but the person
engaged in conspiracy must do any act or omission in furtherance of the agreement.
(Mere agreement is offence under the concept of Criminal conspiracy – Section
120A)

 By Intentionally Aiding - If any person provides any aid to someone for doing the
act or omission towards the commission of offence, the intentionally aid will be
considered an abetment.

ABETTOR (SECTION 108)

Abettor – a person who abets (instigates, conspires or intentionally aids).

1) Who abets the commission of an offence
2) Who abets the commission of an act which would be an offence if done by a person
capable by law or with the same intention or knowledge.

Explanations -
1) To encourage the illegal omission for the legal duty by any person, the abettor need
not to be bound by the same duty.
2) It is not necessary that the act abetted
 Is committed
 Should get the requisite result
3) It is not necessary that the person abetted should be capable by law or having the
same guilty intention or knowledge.
4) Abetment of an abetment is an offence.
5) Abetment by conspiracy it is not necessary that the matter should be discussed with
all the members.

SECTION 108A – ABETMENT IN INDIA

Abetment in India for committing for an offence committed outside India

PUNISHMENT
1) Act abetted is committed
 If act abetted is committed, the abettor will be liable for the same punishment of the
offence abetted. (Section 109)
 If act abetted is done, but with different intention or knowledge, the abettor will be
liable for the same punishment of the offence abetted. (Section 110)
 One act abetted but other act done, provided the other act is the probable consequence
of the abetment. Abettor will be liable for the same punishment as the act done was
abetted. (Section 111)
 Cumulative Punishment – act done (if it is the probable consequence) + act abetted
(Section 112)
 Effect cost is different from the act abetted; abettor will be liable for the same
punishment. (Section 113)

 Presence of the abettor at the place of commission of the offence. Abettor will be
considered as the offender and liable for the same punishment. (Section 114)

2) Act abetted is not committed

 If the act abetted is punishable with death or life imprisonment, the abettor will be
liable for seven years of imprisonment and fine or if any harm is caused then fourteen
years and fine. (Section 115)
 If the act abetted is punishable with imprisonment or the act is not committed, the
abettor will be liable for one-fourth of the maximum punishment and fine. If the
abettor or the person abetted is a public servant, half of the maximum punishment and
fine. (Section 116)
 If any person abets the public or more than ten people, three years plus fine. (Section
117)

OFFENCE AGAINST HUMAN BODY

MISCARRIAGE (SECTION 312)

Miscarriage is the premature expulsion of a child from the mother’s womb before the natural
time. If it is voluntarily done for not causing in good faith to save the life of the mother, then
it is an offence.

Two types-
1) With consent (312)
a) Before Quick with child (less than 4 months) (3-year punishment)
b) Quick with child (more than 4 months) (7-years plus fine)
2) Without consent (313)
a) Quick with child
b) Not Quick with child
Punishment is Life imprisonment or 10 years + fine

Death caused to such woman (314)

a) Miscarriage with consent (Life imprisonment or 10 years + fine)
b) Miscarriage without consent (Life imprisonment or 10 years + fine)

INJURIES TO UNBORN CHILD

a) Intention to Prevent Child from being born alive or to cause death after birth (315)
b) Death of Quick unborn child – punishment of 10 years and fine (316)
c) Exposure or abandonment of a child up to 12 years of age by (317)
1) Parents
2) One having care of that child
Both punishable – 7 years + fine
d) Concealment of birth by secret disposal of dead body to men by burning or otherwise.
Death is caused before, during or after the birth. (318)

Punishment – 2 years + fine

Abortion: Medical termination of pregnancy act 1971 permits the abortion in certain
conditions, if there is a danger of the life of the worm if there is a danger in physical or
mental health of the worm.
Or the women are pregnant by rape
There is a danger of the childbirth by an incompetency
If the decision of the parents
These all can be done generally up to 12 weeks of the pregnancy under the supervision of
Medical Practitioner, but in certain 24 of weeks it needs to be done under 2 medical
practitioners.
Otherwise, it is an offence as defined in IPC.

HURT (SECTION 319)

Divided into 3 parts:
1. Bodily Pain - Physical Pain and should more than slightly pain.
2. Disease – If any person communicates to other.
3. Infirmity – Inability of an organ to perform the normal daily function.

Whoever causes the hurt voluntarily – Section 39 – Intention and Knowledge – mens rea

Voluntarily Causing Hurt: with intention and knowledge (Section 321)

Punishment - 1 year + 1000 rs. (Section 323)
By provocation - 1 month + 500 rs. (Section 334)
There may be cases where the act resulted into death if the act done was not intended with
knowledge the person will be liable only for hurt.

Grievous Hurt (320)

1. Emasculation
2. Permanent Privation of the sight of either eye.
3. Permanent Privation of hearing of either ear.
4. Privation of any member or joint.
5. Destruction or permanent impairing of power of any member or joint.
6. Permanent disfiguration of head or face.
7. Fracture or dislocation of bone or teeth.
8. Any hurt that endangers live or causes the suffers in severe bodily pain or unable to
perform the daily functions for 20 days.
Liable only when the Grievous hurt Voluntarily. (322)

Punishment
General - 7 years or fine or both (S 325)
On provocation - 4 years or fine or both (S 335)

There may be cases in which the act results into the death of a person, if the act was without
the intention and knowledge, the person will be liable for grievous hurt.

VOLUNTARILY CAUSING

Hurt - (Section 324)

I. By Dangerous weapon:
4 parts:
a. Any instrument used for shooting, stabbing or cutting.
b. Through fire, poison, corrosive or explosive substance.
c. Any substance harmful through inhale or mix into the blood.
d. Through any animal.

II. By acid attack: whoever cause permanent or partial damage/ deformity/ burns/ disables/
hurt or grievous hurt to any part or parts of the body with the intention or knowledge.
Punishment will given:
a. Commission: Not less than 10 yrs + fine can extend to life imprisonment. (S 326A)
b. Attempt: 7 years + Fine shall be reasonable as necessary for the medical treatment (S
326B)

Grievous Hurt: S. 326

By Dangerous weapon
a. Any instrument used for shooting, stabbing or cutting.
b. Through fire, poison, corrosive or explosive substance.
c. Any substance harmful through inhale or mix into the blood.
d. Through any animal.

MURDER AND CULPABLE HOMICIDE

Homicide = Homi (human being) + Cido (cuts/kills)

Can be of 2 kinds:
1) Lawful

 Excusable
 Justified
2) Unlawful

 Culpable Homicide amounting to Murder

 Culpable homicide not amounting to Murder
 Death by rash or negligent act
 Dowry death

Culpable Homicide – whoever causes the death by doing an act with (299)
1) Intention to cause death
2) Intention to cause such bodily injury as likely to cause death
3) Knowledge that such act may cause death

Murder – whoever causes the death by doing an act with (300)

1) Intention to cause death
2) Intention to cause such bodily injury as the offender knows is likely to cause death
3) Intention to cause such bodily injury sufficient in the ordinary course of nature to cause
death.
4) Knowledge that such act is so dangerous that in all probability it causes death.

Intention means expectation of the result based on probability and the means used. If the
probability is less, it will be culpable homicide. If the probability is high, it will be murder.
Every murder is automatically a culpable homicide because it is done with some specific
features but not vice versa.

First point of culpable homicide compares with first point of murder. If the probability is less,
it will be culpable homicide. If the probability is high, it will be murder.
Second point of Culpable homicide compares with third point of murder as likely indicates
with less probability.

Third point of culpable homicide compares with fourth point of murder as MAY.

R v. Govinda (1876) -

EXCEPTIONS

1) If the offender deprives the power of self-control under sudden and grave provocation.
2) Exceed the power of private defense in good faith.
3) Exceed the power by public servant for discharging his duties in good faith.
4) Sudden fight in the heat of passion
5) The person whose death is caused being above 18 years of age suffers his death with his
consent.

Section 301 – Causing death of a person other than intended, the person who caused the
death will be liable in the same sense as he intended to kill the same person and liable for
punishment either for culpable homicide amounting to murder or not amounting to murder as
the case maybe.

Section 302 – Punishment for murder

Death (rarest of rare)/life imprisonment/fine

Section 303 – If the person is under life imprisonment and commit murder, then penalty will
be death
Section 304 – Punishment for culpable homicide not amounting to murder
10 years + fine

ATTEMPT

1) Murder (307) – 10 years + fine or if any hurt is caused, life imprisonment or 10 years +
fine.
2) Culpable Homicide (308) - 3 years + fine or if any hurt is caused, 7 years + fine.

NEGLIGENT DEATH (304A)

Whoever causes the death of a person by doing any act which is rash and negligent which is
not culpable homicide. Punishment is may extend to two years, or with fine, or with both.
Rash – is an overhasty act or an act done in overconfidence.
Negligent – breach of any legal duty without intention.

SUICIDE
Whoever
1) Abetment
a) Sec 305 –
a.1) A child up to 18 years of age
a.2) Insane
a.3) Idiot
a.4) Intoxicated
Punishment – Death or life imprisonment of 10 years + fine

b) Sec 306 – Any person

Punishment - Life imprisonment of 10 years + fine
Section 309 – Whoever attempts to commit suicide and does any act towards the commission
of suicide.

Punishment – Simple imprisonment of 1 year or fine or both

The essence of the suicide is intentional, self-destruction or ends of his life.

There are certain cases where a person decides to end his life because of certain stress as less
marks in examination, family problem, financial loss, etc. Mental Healthcare Act. 2017
provides sympathy with such unfortunate person and suggest certain consultation and not the
punishment.

Constitutional Validity of Sec 309 – Whether Right to Life includes Right to die or Not
Different High Courts were with different views. Finally in case of Gian Kaur v. State of
Punjab (1996 SC), it was held that Right to Life does not include the right to die and Section
309 is not unconstitutional.

WRONGFUL RESTRAINT (partial restraint on personal liberty of

movement) AND WRONGFUL CONFINEMENT (absolute restriction on
personal liberty of movement)

Wrongful Restraint (339)

Whoever voluntarily obstructs a person from proceeding in that direction in which he has
right to proceed in a wrongful way. Obstruction maybe by using physical force or through
threat
Punishment (341) – 1 month or fine up to Rs 500 or both

Wrongful Confinement (340)

Wrongfully restraint to proceed beyond a particular limit or boundary. It is an absolute
restriction on personal liberty of movement.
Punishment –
1) General Punishment (342) - 1 year or fine up to Rs 1000 or both
2) Wrongful confinement for 3 days or more (343) – 2 years or fine or both
3) Wrongful confinement for 10 days or more (344) – 3 years or fine or both

FORCE

Force (349) – exertion of energy for producing a change. A person is said to use force if he
causes:
1) Motion
2) Change the motion
3) Stop the motion

to that other person or any substance to bring into contact:

1) That other’s body
2) His bearing or carrying
3) Anything so situated that affects the sense of feeling

will be termed as force. Only force is not an offence.

Criminal Force (350): Whoever intentionally uses force without his consent:

1) To commit any offence

2) To cause:
a) Injury
b) Fear
c) Annoyance

ASSAULT (351)
1. Whoever makes any gesture or preparation
2. with any intention or knowledge to apprehend the use of criminal force.
07/11/23
Punishment: (same for assault and criminal force)
1. general: 3 months or 500 fine or both (352)
2. on provocation: 1 month or 200 fine or both (358)
3. specific punishments:
 S. 353: to deter any public servant from discharging his duty: 2y or fine or both.
 S. 354: on a woman (intention or knowledge) to outrage her modesty: 1y can be
extended to 5y + fine.
 S. 354 (B): on a woman to disrobe her: 3y can be extended to 7y + fine
 S. 355: on any person to dishonour: 2y or fine or both.
 S. 356: on a person: attempt to commit the theft of wearing or carrying: 2y or fine or
both
 S. 357: attempt to commit wrongful confinement: 1y or fine or both

Kidnapping and Abduction:

Kidnapping: S. 359 (Kidnapping is not a continuous case and it is completed the moment a
child is out of the possession of the lawful guardian)
Kidnapping means to steal a kid. It is of two types:
1) Kidnapping from India: (S. 360)
Whoever conveys any person (male (up to 16 years of age), female (up to 18 years of
age), minor, major of unsound mind (of any age)) beyond the limit of India without the
consent of:
 that person or
 anyone authorized by that person

2) Kidnapping from lawful guardian: (S. 361)

Whoever takes or indice (induce) any minor (male-16 yrs, female-18 yrs) or unsound
person; out of the keeping of the lawful guardian; without consent of that lawful
guardian. (he should be in the control of the guardian; if he is out of the control i.e. is not
around the guardian; then it will not be kidnapping)
Punishment: up to 7 years + fine (S. 363)

Abduction (S. 362): it is not a substantive offense but it is a continuous offense. It is an

offense if it is done with a particular object.
Whoever,
1. By force; compel or
2. By deceitful means; induce to any person; to go from a place
Section 364: kidnapping or abduction to murder
Punishment: life imprisonment or 10 years + fine
S. 364A: kidnapping or abduction for ransom
Punishment: death or life imprisonment + fine
S. 365: kidnapping or abduction for wrongful confinement
Punishment: 7yrs + fine
366: kidnapping or abduction woman to marry
Punishment: 10 years + fine

17/11/23
Trafficking (S. 370)
Whoever (first essential),
for the purpose of
exploitation of any person (physical exp, sexual, slavery or removal of any organ)

recruits transport harbour transfer receive

through or by:
1. Using threat
2. By force or coercion
3. Abduction
4. Fraud
5. Abuse of power
6. Inducement
Punishment: not less than 7 yrs upto 10 yrs + fine.
If exploit more than one person; punishment: not less than 10 years may extend to life
imprisonment + fine.
If exploit or trafficking of a minor; punishment: not less than 10 years extended to life
imprisonment + fine.
If more than one minor; not less than 14 years, can be extended to life imprisonment + fine.
Habitual dealing in slaves: (S. 371)
Whoever habitually,
1. Imports
2. Exports
3. Removes
4. Buys
5. Sale
6. Traffics
7. Deals in slaves
Punishment: life imprisonment for 10 years + fine

Selling minor for prostitution (S. 372):

Punishment: 10 years + fine

Buying minor for prostitution (S. 373):

Same

Unlawful compulsory labour (S. 374):

Whoever, unlawfully compels any person, to labour, against his will.

Prevention of sati: