CRIME

DEFINITION

– According to Austin “Crime is any act or omission which the Law

punishes.”
 
“Offence” is defined as an act punishable under the Indian penal code.
–  The state punishes the wrongdoers through its agency (law and order
mechanisms in place), as the State is under obligation to ensure peace
and security in society.
To Administer Justice, Law Machinery sets the general principle of
Criminal liability.
Formation of IPC

– Lord Macaulay drafted the India Penal Code 1860 and was enforced in
1862.
– IPC is substantive law
– Substantive law defines various ‘offences’ or ‘crimes’ and states the
maximum punishment that can be meted out in each case.
Basic idea

– Maxim “Actus Non Facit Reum Nisi Mens Sit Rea” .Act does not
constitute guilt unless done with a guilty intent.
Ingredients

1. Actus Reus
2. Mens Rea

– “Mens Rea” refers to the mental element necessary to commit a crime.

– Actus Reus criminal act that describes a physical activity that harms
another person or damages property
Exceptions to Mens Rea

– (i) Offences against the state: Waging War, Sedition

– (ii) Kidnapping (Whoever moves any person without the consent of that

person or of some person legally authorized to consent on behalf of that
person, is said to kidnap that person)
– Abduction (Whoever by force compels, or by any deceitful means induces,
any person to go from any place is said to abduct that person.)

– (iii) Counterfeiting Indian coins

 Four Stages of commission of crime
– Intention
– Mere intention to commit a crim does not constitute an offence.
– Preparation to commit a crime - Generally not punishable
1. Preparation is devising means for the commission of an offence. No punishment for acts done in this stage, the
exceptions being:
To wage war against the State;
To commit dacoity
– Attempt to commit crime : Punishable
– After preparation the crime is commiteed.
– To constitute the offence of attempt, there must be an act done with the intention of committing an offence and for the
purpose of committing that offence, and it must be done in attempting the commission of the offence.
– Commission of Crime : Punishable
– The last stage in the commission of a crime is that it is successfully committed and the consequences of the crime results.
General exceptions

– Chapter IV of the IPC comprising of Sec.76-106 deals with General Exceptions. It

exempts certain persons from attracting criminal liability even if the act or
omission of the accused falls under the definition of the offence.
Accident

– Nothing is an offence, which is done by accident or misfortune, without criminal

intent or knowledge in doing of a lawful act in a lawful manner by lawful means
with proper care and caution. All these ingredients must concur to succeed in
proving the defence of accident.
Absence of criminal intent

– An act that is a crime but done without any criminal intent.

An Act done to avoid Greater harm
– “An act done with the knowledge that it is likely to cause harm, but is
done in good faith, and without any criminal intention to cause harm”
– The brakes fail in a car and is going to crash. The driver sees a school
bus with children and a biker he chooses to hit the biker. The car driver
does this to avoid greater harm. ( necessity)
Act of child

1. An act of child under seven years is no offence, they are considered as

children of tender age
2. An act of a child above seven and under twelve years, who has not
attained sufficient maturity of understanding to judge the nature and
consequence of his conduct, is also no offence, children of adolescent
age.
3. An act of a child over twelve years is an offence, if he can understand the
consequences of an act he intended to do and actually do it.
Act of an insane/unsound
person
– Nothing is an offence,which is done by a person, who, owing to
unsoundness of mind, is incapable of knowing the nature of the act or
that he is doing is wrong or contrary to law.

There are two tests of criminal responsibility.

1. Did the offender know/understand the nature of the act?

2.Did the offender know /understand that it was contrary to law?
Act of an intoxicated person

– Nothing is an offence, which is done by a person, who, owing to

intoxication, is incapable of knowing the nature of the act, or that he is
doing is wrong or contrary to law, provided that the thing which
intoxicated him was administered to him without his knowledge or against
his will.
– But voluntary intoxication is not an excuse for the commission of a crime.
 Bonafide act for another’s benefit
– Nothing is an offence by reason of any harm which it may cause to the person for whose benefit
it is done (a) in good faith, and (b) even without that person’s consent,-
– (i) if the circumstances are such that it is impossible for that person to signify consent; or
– (ii) if that person is incapable of giving consent, and has no guardian from whom consent can be
obtained in time.

– Example : A is in a house, which is on fire, with Z, a child. People below hold out a blanket. A
drops the child from the housetop knowing to be likely that the fall may kill the child, but not
intending to kill the child, and intending, in good faith, for the child’s benefit. Here, even if the
child is killed by the fall, A has committed no offence.
Communication made in good faith:

– Any communication made in good faith to a person is no offence if such

communication causes harm to the person to whom it is made, if it is for such
person’s benefit.
– Example : X, a surgeon in good faith, communicates to a patient his
opinion that he cannot live. The patient dies in consequence of the
shock. A has committed no offence, though he knew it to be likely that the
communication might cause the patient’s death.
Act done under compulsion or threat

– This section gives protection to those persons who are threatened with instant
death compelling them to commit an offence
–  the section states that this defence is not available where the accused in
cases, where a person is compelled to murder another or commit an
offence against the state, which is punishable.
Private Defence

– Nothing is an offence, which is done in the exercise of the right of private

defence. The right of private defence is the right to protect one’s own person
and property against the unlawful aggression of others.
 Abetment:
– A Person abets in doing a thing by:
– First: “Instigating any person to do that thing”
– Second: “engaging with one or more persons in any conspiracy for doing that thing, if an act or
illegal omission takes place in pursuance of that conspiracy and in other to the doing of that
thing,
– Third: Intentionally aids, by any act or illegal omission in doing that thing.
– A person who by willful misrepresentation or by willful concealment of a material fact
which he is bound to disclose, voluntarily causes or procures, or attempts to cause or
procure a thing to be done is said to instigate the doing of that thing.
Abetment by Instigation

– Instigate means to incite, encourage or provoke a person to do an act. It may be

direct or indirect, verbal, written, hints or any other form of persuasion or
encouragement.

– For eg. 
“B” and “C” are servants of “A”, carrying sticks in their hand, an argument
occurs between “A” and his neighbour “D” over the use of a passage. “A”
gives the order to “B” and “C” to beat “D”. Here “A” is guilty of abetting
the assault by “B” and “C”
Abetment by Aid

– A Person abets the doing of a thing who internationally aids by an act or illegal
omission, the doing of that thing.
– (i) Assist
– (ii) Illegally omits to do what he is bound to do.
– (iii) Doing any kind of act which facilitates.
– For the application of this clause, it is essential that the act abetted must be
committed.
Abetment by illegal omission

– Illegal omission implies breach of legal obligation /duty

– If a person deliberately refrains himself from doing an act that he is required to do

then he will be liable for abetment by illegal omission

– For eg: “A” a constable knows that “B” and “C” are going to torture a prisoner and
does not take up the matter
– It is wrong. Constable has a legal duty to inform whereas a stranger does not owe
any such duty.
 Attempt:
– “Attempt is an act done with intent to commit crime” and Forming Part of Series of Acts Which
would constitute actual Commission of the Crime if not interrupted”
– Attempt an (Act done) + Intent to Commit Crime =Series of Action=Actual Common Of an act
– Note: Impossibility of Commission of an offence is no Defence:
(1) Section 511 Covers only those offences defined U/s 40 of IPC. Not other violation of
other law.
(2) This section covers category of offences which are punishable with Imprisonment For life
or Imprisonment. It does not cover offences where punishment is death or fine.
(3) Attempts to commit offences punishable with Imprisonment for life or imprisonment where
no such provision is made by this code for Punishment.
Section 307 “Attempt to Commit Murder”
Section 308 “Attempt to Commit Culpable Homicide”
Section 309 “Attempt to Commit Suicide”
Attempts by life convicts

– When any person commiting an offence under this section is under sentence of
imprisonment for life, he may, be punished with death (CAPITAL PUNISHMENT)
if he causes hurt to the other person.
Joint Liability

– Section 34 and Section 149

– Generally “A Person is liable for all proximate consequences of his act” A person
is not liable for the act done by other person but there are exceptions.
– Section 34 “Act done by Several People in furtherance of Common Intention “
– Section 149 “Every Member of Unlawful assembly is guilty of offence
Committed in Prosecution of Common Object”
Joint Liability

– For common intention there should be meeting of mind; intention of each of

the accused should be known to others, it should be shared by them.
– Pre arrangement and Pre-mediated concert should be there.
– Common intention may arise in the spur of the moment
– No common intention, No Joint Liability
– Physical presence at scene of crime is not necessary of all.
– Participation and waiting for the consequence is sufficient.
Sedition

– Section 124(A): Sedition implies the misdemeanor of publishing orally or in

any other manner of communication with the intent of exciting disaffection,
hatred, or contempt against the Govt. establishment by law.

Whoever by words either spoken or written

or by signs
or by visible representation
or otherwise
brings or attempts to bring in to hatred or contempt, disaffection towards the
Govt. established by Law in India, shall be punished with imprisonment which
may extend to three years to which fine may add or with fine.
Kedarnath Singh V. State of
Bihar
– S.C. held that more exciting disaffection without incitement to violence does
not amount to sedition.
– The essence of the crime is the intention of the writer or speaker.
– If the objective is to make people aware about the bad impact of the proposed
economic policy of a State then it is not illegal but if the intention is to excite
disaffection, in spite of public disorder and violence wrongdoer will be liable
under this section.
– Sec 124 (a) Covers Attempt to excite also for eg. A writes a seditious letter to B,
C, D and others to intercepts in between and letter never reaches to address.
 Practice exercise
– Sedition can beA. WrittenB. SpokenC. By signs or visible representationsD. All of the above
– Sedition implies the misdemeanour of publishing orally or in any other manner of communication brings or attempts to
bring _________________________ towards the Govt. established by Law in IndiaA. HatredB. ContemptC.
DisaffectionD. All of the above
– If the objective is to make people aware about the bad impact of the proposed economic policy of a State e effect of death
to the country. Many people were provoked by these slogans, went and destroyed variouthen does it amount to sedition?A. Yes
B. No
– A writes a seditious letter to B, C, D and others to intercepts in between and letter never reaches to address. Will A be
held liable?A. YesB. NoC. Maybe
– Disaffection includesA. DisloyaltyB. Feelings of enmityC. All of the aboveD. None of the above
– X a writer wrote a book criticising the Swatch Bharath mission. Will he be held liable?A. YesB. No
– Sedition has been defined underA. Sec 124B. Sec 124(A)C. Sec 125D. Sec 126
– “A” raised many slogans against the Govt which was to ths Government offices. Does this amount to sedition as defined
under the IPC?A. YesB. No
– Does exciting disaffection without incitement to violence amount to sedition?A. YesB. No
–  Y an artist sketches cartoons in his personal book making fun of the recent economic policies of the Government. He does not
publish them anywhere. Will this amount to sedition?A. NoB. Yes
Answers

– 1 Ans: D
– 2 Ans: D
– 3 Ans: A
– 4 Ans: A
– 5 Ans: C
– 6 Ans: A
– 7 Ans: B
– 8 Ans: A
– 9 Ans: B
– 10 Ans: A