Crime

Crime means a wrongful act committed against the society which is punishable by law.

Rules

Exercising authority and power

Law

Principles - Rules for good behavior

Regulations

Control how things are to be done

Crime = actus reus + mens rea + forbidden by law

= wrongful act/ omission + guilty mind

It is the legal duty of parents to look after children upto the age of 12.

Substantive

- Creates rights and duties

Law

Procedural mechanism for substantive law

Stages of Crime

No Criminal Liability

1. Intention

- Conscious decisions

- Mental stage

- Only intention is not punishable

2. Preparation

- Arranging resources for crime

- Not punishable

3. Attempt

- Preliminary Crime

- Direct execution

4. Commission

- Successful completion

Elements of crime

1. Human being

- Section 11 of IPC "person"

- Crime is impossible without human being

2. Mens Rea - Guilty Mind

Actus Reus Non

Facit Reum Nisi Mens Sit Rea

Act itself is not sufficient for conviction

Action has to be done with conviction

3. Actus Reus

Act or omission which leads to completion of an offence

4. Injury

Injury is important and is the actual thing for which punishment is given

- Body

- Property

- Mind

- Reputation

Indian Penal Code

IPC has 23 chapters and 511 sections.

On every criminal proceedings, law starts off with presumption in favour of innocence of accused.

IPC is substantive.

IPC 1860 was prepared by 1st Law Commission chaired by Lord William Bentick.

When a person committed a crime is to be prosecuted, burden of proof lies on prosecution.

Person helping someone attempt a crime - Accomplice

Lord Macaulay prepared IPC

General Exceptions

1. Mistake of Fact

e.g. Catching a thief and taking him to the Police is justified by law but they are not bound by law to do so.

Bound by Law

Thief ran in black Scorpio police caught another black Scorpio with matching description. This is mistake of fact. Police was bound by law to arrest them as they were acting in good faith.

Justified by Law

A saw B beating C. A arrested B and handed him over to the Police. Later it was found that B was hitting C in Private Defence. B is innocent under mistake of fact and arrest made by him is not justified by law.

Section 76 - Act done by a person bound, or by mistake of fact believing himself.

Section 79 - Act done by a person justified or by mistake of fact believing himself justified by law.

Ignorantia facti excusat

ignorantia juris non excusat

2. Judicial Acts

Order by Judges in exercise of their judicial capacity for criminal matters.

Section 77 - Act of Judge when acting judicially.

Section 78 - Act done pursuant to the judgment or order of court.

3. Accident

No Criminal Intention, No Knowledge

e.g. A was driving and suddenly a kid comes on the street. Car crashes and the kid dies. A will not be held liable as he had no criminal intention to do so and he had no knowledge of it.

Section 80 - Accident in doing

4. Necessity

Avoid greater harm

Section 81 - Act likely to cause harm, but done without criminal intent and to prevent other harms.

R Vs Dudley & Stevenson

5. Infancy

Doli incapax - Is he mature enough to commit a crime?

Yes - Punishable

No - Not punishable

Section 82 - Act of child under 7 years of age

Section 83 - Act of child above seven years and under 12 of immature understanding.

6. Insanity

Nothing done by an insane person is an offence

Section 84 - Act of person of unsound mind

Consent maxim - volenti non fit injuria

Crime consent age = 12

ICA consent age = 18

Kidnapping

M -12

F - 18

7. Intoxication and drunkenness

Section 85 Act of a person incapable of judgment by reason of intoxication caused against his will.

Section 86 Offence requiring a particular intent or knowledge committed by one who is intoxicated.

8. Consent

Section 87 Act not intended to known to be likely to cause death or grievous.

e.g. A played a game with B. B was 18+ and gave his consent. A did something and B died during the game. A will not be legally responsible as he did not know that the act is likely to cause death nor did he intend to.

Section 88 of IPC Act not intended to cause death, done by consent in good faith for person's benefit

e.g. A child had a knife struck in his stomach. B removed it to save him. The child died. B will not be held liable because he did not intend to cause death and died with consent of the child and in good faith.

Section 89 IPC Act done in good faith for benefit of child or insane person by or by consent of guardian

Section 90 IPC Consent knows to be given under a fear or misconception.

Consent given is not a valid consent if it is given:

- Under fear of injury

- Mis conception of cats

Person doing the act knows that the consent is not valid also.

Consent by intoxicated / insane -> invalid

Consent by child under 12 years -> invalid

Section 91 IPC Exclusion of acts which are offences independently of harm caused.

e.g. causing miscarriage without good intension or saving mother's life is a crime.

9. Acts done in Good faith

Section 92 IPC An act done good faith for benefit of a person without consent.

Nothing an offence here if getting consent is impossible at the moment, except if the act is / can:

i. Causing death

ii. Doing something which you know can cause death or grievous injury.

iii. Voluntary hurt / voluntary attempt to hurt.

iv. Abetment of any offence

10. Communication in Good faith

Section 93 IPC Communication made in Good faith.

No communication made in good faith is an offence if it is made to benefit the person.

11. Act done under compulsion or threat

Section 94 IPC Act to which a person is compelled by threats.

is ok except murder.

de minimis non curat lex - An act causing slight harm cannot be taken to court.

12. Acts causing slight harm or

Section 95 IPC An act causing slight harm

13. Right of Private Defence

Private Defence

Self Defence

- Body

- Property - Mischief, theft, robbery, tresspass

- Himself

- Other Person

Section 96 IPC Things done in Private defence

Section 97 IPC Right of Private Defence of body and property

1st - own body, other person's body

2nd - own property, other person's property

Section 98 IPC Right of Private Defence against the act of a person of unsound mind.

Section 99 IPC Acts against which there is no private defence.

- No right of private defence if act done by civil servant. Except causing / attempting death/ grievous hurt.

Section 100 of IPC When right of private defence of body extends to causing death.

murder/ assaults allowed:

i. Death

ii. Grievous hurt

iii. Rape

iv. Gratifying unnatural lust

v. Kidnapping / abducting

vi. Wrongful confinement

vii. Acid attack - 2013 amendment

Section 101 IPC When such right extends to causing any harm other than death

Section 102 IPC Commencement and continuance of the Right of Private Defence of the body.

Threat / attempt arises.... when danger is gone

Section 103 IpC When the Right to Private Defence extends to causing death.

Right of Private Defence for property when:

i. Robbery

ii. House breaking by night

iii. Mischief by fire committed only building/ tent/ vessel - human dwelling a place where someone lives.

iv. Theft, mischief, house tress pass -> death

Section 104 IPC when such right extends to causing any harm other than death.

If none of the above 103 cases exist. Right to private defence for causing death is not allowed.

Section 105 IPC commencement and continuance of Right of Private Defence of property.

Property Theft

Danger Commences

- Withdraw

- Public authority came

- Property recovered

Property Robbery

Danger Commences

- Commits death/ hurt/ constraint

- Fear of committing death / hurt/ constraint

Criminal Tress pass

Danger Commences - As long as tress passing

House break by night

Danger commences - House break ends

Section 106 IPC Right of Private defence against deadly assault when there is risk of harm to innocent person. If person exercising his right of Private causes harm to an innocent person, then that is ok.

Injury

- To Property

- To body

- To mind

- To Reputation