Legum Baccalaureus (LLB) - Law of crimes 2nd Semester Syllabus Short Notes
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SYLLABUS SHORT NOTES
UNIT – 1
Concept of
crime
Crime refers to any behavior or action that
is considered illegal or against the law. Crimes can range from minor
offenses such as traffic violations to more serious offenses such as assault,
theft, or murder. The exact definition of crime varies depending on the
jurisdiction and the laws in place.
In general, crimes are considered harmful or
dangerous to society and often have a victim who has been directly or
indirectly affected by the crime. Criminal activities can cause physical
harm, emotional distress, financial loss, and damage to property.
Therefore, society has developed laws and legal systems to punish
individuals who commit crimes and to deter others from engaging in criminal
behavior.
In addition to laws, there are also various
theories that attempt to explain the causes of crime, such as social and
environmental factors, individual psychological factors, and economic factors.
Understanding the concept of crime is important in maintaining a safe and
orderly society and in promoting justice for victims of criminal activities.
Definition
and meaning of crime
The definition of crime given by Austin – “A wrong which is pursued at the
discretion of the injured party or his representatives is the civil injury on
the other hand a wrong which is pursued at the discretion of sovereign or his
subordinates is a crime”
Blackstone
definition:
"Crime is an act committed or omitted in violation of a public law either
forbidding or commanding it."
In general, a crime is an act that is
prohibited by law and punishable by the state through the criminal justice
system. It is an offense against the state or society as a whole, rather
than just an individual.
Under the Indian Penal Code (IPC), the
primary legislation governing criminal offenses in India, the term
"crime" is not explicitly defined. However, the IPC provides
definitions and provisions for various specific crimes, outlining their
elements and punishments.
Distinction
between crime and tort
|
S.No. |
TORTS |
CRIME |
|
1
|
Torts is violation
of private right of individual |
Crime is a violation
of public rights |
|
2
|
Wrongdoer is liable
to pay compensation |
The accused is
punished by law |
|
3 |
The purpose of
compensation is to make good for the loss suffered |
The purpose is to
determine the offender from committing any further offences |
|
4 |
The nature of
punishment is lighter |
The nature of
punishment is serious or severe |
|
5 |
Intention has no
place here |
Intention has very
important phase in crime |
|
6 |
Mens Rea has no
place |
Mens rea is very
crucial |
|
7 |
plaintiff is injured
party and civil proceedings are instituted by the injured party |
Victim is individual
and crime proceedings are initiated by state against the wrongdoer |
|
8 |
The burden of proof
lies on the injured party |
The burden of proof
lies on state |
|
9 |
Principles of nature
justice, equity, good conscience lies followed |
Strict rules and
principles are followed (Procedures) |
|
10 |
They do not involve
in element of moral jurisprudence |
The involved moral
jurisprudence and more be dangerous to the social |
STAGES OF
CRIME
The stages of crime are as follows:
-
Intention
to commit crime.
-
Preparation
for committing a crime.
-
Attempt
to commit a crime.
-
Completing
a crime
Intention, preparation, attempt, and commission
are important concepts in criminal law that are often used to determine an
offender's liability and the severity of their punishment. Here's a brief
explanation of each of these concepts:
1.
Intention: Intention refers to the mental
state or mindset of an offender (Mens rea). In criminal law,
intent generally refers to a deliberate or purposeful decision to commit a
particular offense. Intent can be specific, which means that the offender
intended to cause a particular harm, or general, which means that the offender
intended to engage in conduct that was likely to cause harm. Intent can be
difficult to prove, as it requires evidence of the offender's state of mind at
the time of the offense.
2.
Preparation: Preparation refers to the acts or
conduct that an offender takes in advance of committing a crime. This
may include gathering materials, acquiring weapons or tools, scouting out the
location of the crime, or other actions taken in furtherance of the offense.
Preparation may be evidence of an offender's intent to commit a crime, and may
be used to show that the offender had a plan in place to carry out the offense.
3.
Attempt: Attempt refers to an incomplete or
unsuccessful effort to commit a crime. Attempt requires that the offender
took a substantial step toward committing the offense, but was prevented
from completing the crime for some reason. Attempt is often viewed as a less
serious offense than the actual commission of the crime, but may still result
in criminal liability and punishment.
4.
Commission: Commission refers to the actual completion
of a crime. This means that the offender has carried out the act or conduct
that constitutes the crime and has caused harm or injury to the victim or
society. Commission is often viewed as the most serious of these concepts, and
may result in the most severe punishments under the law.
In general, criminal liability and punishment
are typically greater for offenses that involve a higher degree of intent,
planning, and actual harm or injury.
Elements of
Crime
In criminal law, there are generally four
elements that must be present in order for an act to be considered a crime.
These elements are:
1.
Actus reus: This element refers to the guilty
act itself, or the physical act of committing the crime. In order for an
act to be considered a crime, there must be some sort of voluntary, deliberate
action taken by the offender. The actus reus element may also include a failure
to act, if the offender had a legal duty to act and failed to do so.
2.
Mens rea: This element refers to the mental
state or intent of the offender at the time of the crime. In order for
an act to be considered a crime, there must be some sort of criminal intent or
knowledge on the part of the offender. Depending on the nature of the offense,
the mens rea element may require a specific intent, such as an intent to cause
harm or engage in criminal activity, or a general intent, such as an awareness
of the risk of harm caused by the offender's actions.
3.
Causation:
This element requires that the offender's actions were the direct cause of
the harm or injury that resulted from the crime. In order for an act to be
considered a crime, there must be a causal link between the offender's actions
and the resulting harm. If the harm would have occurred even if the offender
had not committed the crime, then the causation element may not be met.
4.
Concurrence:
This element requires that the mens rea and actus reus elements of the crime
occurred at the same time. In other words, the offender must have had the
intent to commit the crime at the time that they actually committed the act
that constituted the crime.
In addition to these four elements, there may
be other specific elements required for certain types of crimes. For example,
some crimes may require that the offender had a certain status or relationship
to the victim, or that the offender used a particular type of weapon or method
to commit the offense.
Codification
of Law of Crimes in India
The Indian Penal Code (IPC) is the primary
legislation that codifies the law of crimes in India. It was enacted in 1860 by the
British colonial government, and has since been amended several times to
reflect changing social and legal contexts. The IPC defines and classifies
various crimes, and sets out the punishments for each offense.
The IPC covers a wide range of offenses, including
murder, theft, rape, kidnapping, and fraud, among others. It also provides for
the punishment of attempts to commit crimes, and for the abetment or complicity
in the commission of a crime.
In addition to the IPC, there are several other
laws that deal with specific types of crimes in India. For example, the
Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 deals with offenses
related to drugs and narcotics, while the Prevention of Corruption Act, 1988
deals with offenses related to corruption and bribery.
The Indian legal system also recognizes the
principle of common law, which means that the courts may rely on prior judicial
decisions in order to interpret and apply the law. This allows for the
development of the law over time, as courts interpret and refine the meaning
and application of legal principles.
Overall, the codification of the law of crimes
in India is an ongoing process, as new offenses and legal challenges arise. The
legal system continues to evolve in response to changing social, political, and
technological contexts, in order to ensure that the law remains relevant and
effective in protecting the rights and interests of individuals and society as
a whole.
Application
of the Indian Penal Code
The Indian Penal Code (IPC) is applicable
throughout the territory of India, and applies to all persons, including
citizens and foreigners. The IPC sets out the definitions and punishments for
various offenses, and provides the framework for the investigation, trial, and
punishment of crimes in India.
The application of the IPC is governed by the
Code of Criminal Procedure (CrPC), which sets out the procedures for the
investigation, trial, and punishment of crimes in India. Under the CrPC,
criminal proceedings may be initiated by a complaint made by a victim or by the
police, or by a court taking cognizance of an offense on its own.
The IPC covers a wide range of offenses,
including murder, theft, rape, kidnapping, and fraud, among others. The
punishment for each offense varies depending on the severity of the crime, and
can range from a fine to imprisonment or even the death penalty.
In addition to the IPC, there are several other
laws that deal with specific types of crimes in India. For example, the
Protection of Children from Sexual Offences (POCSO) Act, 2012 deals with
offenses related to sexual abuse and exploitation of children, while the
Prevention of Corruption Act, 1988 deals with offenses related to corruption
and bribery.
Overall, the Indian Penal Code plays a crucial
role in the administration of criminal justice in India, by providing a
comprehensive framework for the definition and punishment of offenses, and by
setting out the procedures for the investigation, trial, and punishment of
crimes.
Territorial
and Extra Territorial application
Territorial and extraterritorial application of
laws determines the geographical jurisdiction where a particular law applies.
In the context of the Indian Penal Code (IPC), here are the provisions that
address territorial and extraterritorial application:
Ø Territorial Application:
Section 2 of the IPC: This section establishes that the
IPC applies to all offenses committed within the territory of India. It
specifies that the code extends to the whole of India, including its
territorial waters, and applies to all citizens of India, whether they are within
or outside India.
Ø Extra Territorial Application:
o
Section 3 of the IPC: This section deals with the extraterritorial application of the IPC to
offenses committed outside India by Indian citizens or persons employed in
government services of India. It states that any person who commits an offense
outside India, which would be an offense under the IPC if committed within
India, can be tried and punished in India as if the offense was committed
within India.
o
Section 4 of the IPC: This section expands the extraterritorial application to include
offenses committed on Indian ships or aircraft registered in India. It provides
that any person who commits an offense on such ships or aircraft, irrespective
of their nationality, can be tried and punished in India as if the offense was
committed within India.
These sections, namely Section 2, Section 3,
and Section 4 of the IPC, address the territorial and extraterritorial
application of the code, ensuring that certain offenses committed outside India
can still be subject to jurisdiction and prosecution within the Indian legal
framework.
General
Explanations
In the context of the law of crimes,
"general explanations" may refer to the explanatory notes that
accompany the Indian Penal Code (IPC) or other laws that deal with crimes in
India. These explanations provide a general overview of the provisions of the
law, the intent behind them, and the scope of their application.
For example, the IPC includes general
explanations for each section, which provide a brief overview of the offense
and its elements, as well as any specific terms or concepts that are relevant
to understanding the offense. These explanations may also provide guidance on
the interpretation and application of the law, and may cite relevant case law
or legal precedents.
In addition to the IPC, there are several other
laws in India that deal with specific crimes, such as the Protection of Women
from Domestic Violence Act, 2005, the Narcotic Drugs and Psychotropic
Substances Act, 1985, and the Prevention of Corruption Act, 1988, among others.
Each of these laws may have their own general explanations or explanatory notes
that provide guidance on their interpretation and application.
Overall, the general explanations in the law of
crimes play an important role in promoting a better understanding of the law,
and ensuring that it is interpreted and applied in a consistent and fair
manner. By providing context and guidance on the interpretation of legal
provisions, general explanations can help to ensure that justice is served and
that the rights and interests of individuals and society as a whole are
protected.
The Indian Penal Code (IPC) does not apply to
the
-
President
of India and certain high-ranking officials. The President of India, as the
head of state, enjoys immunity from criminal proceedings for any act done or
purporting to be done in the exercise of their official duties. This immunity
is granted under Article 361 of the Constitution of India.
-
Governors
-
Ambassadors
-
Alien
enemies
-
Warships
-
Foreign
like America
Punishments.
Punishments are the penalties or consequences
imposed by the state or the court on individuals who have been found guilty of
committing a crime. In India, the punishments for various offenses are
prescribed in the Indian Penal Code (IPC) and other relevant laws.
The IPC provides for two types of
punishments:
1.
Penalties:
These are punishments that are awarded without the imposition of imprisonment,
such as fines, forfeiture of property, or payment of compensation.
2.
Sentences:
These are punishments that involve the imposition of imprisonment or other
forms of detention, such as life imprisonment, rigorous imprisonment, or simple
imprisonment.
The severity of the punishment depends on the
nature and seriousness of the offense, as well as other relevant factors such
as the age, gender, and criminal history of the offender. In cases where the
offender has committed a heinous crime, such as murder or rape, the court may
impose the death penalty.
Theories of Punishment:
-
Retributive Theory: This theory posits that punishment is justified as a means of
retribution or revenge for the wrongdoing committed. It emphasizes that the
offender deserves punishment in proportion to the severity of their offense,
regardless of any potential rehabilitative or deterrent effects. (Giving back to criminal)
-
Deterrence Theory: Deterrence theory focuses on preventing future crimes by imposing
punishment as a deterrent. It aims to discourage potential offenders and
society at large from engaging in criminal behavior by imposing sufficiently
severe and certain punishments. (to put Fear)
-
Preventive Theory: Also known as the "Preventive" or "Incapacitation"
theory, it advocates for punishment as a means of protecting society by
incapacitating the offender. The primary goal is to remove
the offender from society to
prevent them from committing further crimes.
-
Rehabilitation Theory: This theory emphasizes the reform and rehabilitation of the offender.
It views punishment as an opportunity to address the underlying causes of
criminal behavior, facilitate personal growth, and reintegrate the offender
back into society as a law-abiding citizen.
-
Restorative Justice Theory: Restorative justice focuses on repairing the
harm caused by the offense and promoting reconciliation between the victim,
offender, and the community. It aims to provide a platform for dialogue,
accountability, and the opportunity for the offender to make amends. (minors)
Punishments prescribed by IPC:
The Indian Penal Code (IPC) provides a wide
range of punishments for various offenses based on their severity. The
punishments prescribed by the IPC include the following:
-
Death Penalty: The most severe punishment, which is awarded in cases of heinous crimes
such as murder, treason, or certain acts of terrorism.
-
Imprisonment: Offenders may be sentenced to imprisonment for varying durations,
depending on the offense committed. Imprisonment can be of different types:
o
Life
Imprisonment: A term of imprisonment for the remainder of the offender's natural
life.
o
Rigorous
Imprisonment: A form of imprisonment with hard labor and more restrictive
conditions.
-
Simple Imprisonment: Regular imprisonment without hard labor.
-
Fine:
Monetary penalties imposed on offenders, the amount of which can vary depending
on the offense. Failure to pay the fine can result in imprisonment as an
alternative.
-
Compensatory Fine: In addition to the regular fine, offenders may be ordered to pay
compensation to the victim for any loss or damage caused by the offense.
-
Forfeiture of Property: In certain cases, the court may order the forfeiture of property or
assets acquired through illegal means.
-
Whipping:
This punishment involves inflicting lashes with a whip on the offender's body.
It is rarely imposed and restricted to specific offenses in certain
jurisdictions.
-
Community Service: Offenders may be required to perform unpaid work for the benefit of the
community as a form of punishment.
The specific punishments for each offense are
mentioned within the respective sections of the IPC. It is important to note
that the courts have discretion in determining the appropriate punishment based
on the circumstances of the case and the relevant provisions of the IPC.
UNIT -2
General
exceptions (76 –
106)
The general exceptions in the IPC refer to a
set of provisions that provide legal justifications or defenses for certain
acts that would otherwise be considered offenses. These exceptions recognize
that there are circumstances where certain acts should not be punished as they
are justified or excused under the law. Here are some of the general exceptions
along with their relevant sections in the IPC:
-
Section 76:
Act done by a person justified by law or necessity.
-
Section 79: Act done in a state of intoxication.
-
Section 81: Act likely to cause harm but done without criminal intent and in good
faith for a person's benefit.
-
Section 87: Act not intended to cause death, done by consent in good faith for the
person's benefit.
-
Section 88: Act not intended to cause death, done by consent in good faith for the
benefit of a child or insane person.
-
Section 92: Act done in good faith for the benefit of a person without consent.
-
Section 95: Act causing slight harm.
-
Section 96 to Section 106: Right of private defense.
These general exceptions provide legal defenses
or justifications for certain acts, taking into account factors such as
consent, necessity, self-defense, and other relevant considerations. It is
important to note that the application of these exceptions is subject to
interpretation by the courts based on the specific facts and circumstances of
each case.
Maxims :
1.
Ignorantia
facti excusat – Ignorance of fact can be excused
2.
Ignorantia
juris non excusat – ignorance of law is not excused
Abetment (107 – 120)
Abetment refers to the act of encouraging,
assisting, or instigating another person to commit a crime. It is a form of
participation in a criminal act, even if the abettor does not actually commit
the crime themselves.
The Indian Penal Code (IPC) defines abetment as
an offense in Section 107, which states that abetment of a crime
requires three elements:
1.
A
person instigating another person to commit an offense;
2.
A
person aiding another person in committing an offense; or
3.
A
person engaging in a conspiracy to commit an offense with another person.
The IPC also provides for various forms of
abetment, including:
1.
Abetment by instigation: This refers to actively encouraging another
person to commit a crime, whether through words, gestures, or other forms of
communication.
2.
Abetment by conspiracy: This refers to a plan or agreement between two or more persons to
commit a crime.
3.
Abetment by aiding: This refers to providing assistance or support to another person to
commit a crime, such as providing weapons or transportation.
The punishment for abetment varies depending on
the nature and severity of the offense committed. In cases where the abetment
leads to a serious offense, such as murder, the abettor may be subject to the
same punishment as the person who actually committed the crime.
Overall, abetment is considered a serious
offense in India, as it involves actively encouraging or assisting another
person to commit a crime. The law seeks to deter such conduct by imposing
significant penalties on those who engage in abetment.
Cases:
1.
Ram
Kumar Vs. State of Himachal Pradesh (1996)
2.
Goutham
Venkat Reddy Vs. State of Andhra Pradesh (2003)
Criminal
Conspiracy
(120A)
Criminal conspiracy is an agreement between two
or more persons to commit a criminal act. The Indian Penal Code (IPC) defines
criminal conspiracy in Section 120A, which states that when two or more
persons agree to commit a crime, and one or more of them acts on that
agreement, they are guilty of criminal conspiracy.
The elements of criminal conspiracy include an
agreement between two or more persons to commit a crime, and an overt act in
furtherance of that agreement. The overt act need not be a criminal act in and
of itself, but must be something that advances the conspiracy.
The punishment for criminal conspiracy varies
depending on the nature and severity of the crime that was the object of the
conspiracy. If the object of the conspiracy is a serious offense, such as
murder, the punishment may be the same as for that offense. If the object of
the conspiracy is a less serious offense, such as theft, the punishment may be
less severe.
It is important to note that criminal
conspiracy is a distinct offense from the underlying crime that was the object
of the conspiracy. In other words, a person can be guilty of criminal
conspiracy even if the underlying crime was never committed. This is because
the law recognizes that the agreement to commit a crime is itself a serious
offense, regardless of whether the crime was actually carried out.
Overall, criminal conspiracy is considered a
serious offense in India, as it involves an agreement to commit a crime, which
can have significant consequences for public safety and security. The law seeks
to deter such conduct by imposing significant penalties on those who engage in
criminal conspiracy.
Cases:
1.
Kahar
Singh vs. Delhi administration
2.
Amminni
Vs. State of Kerala
Offences
against the State
(121-130)
Offences against the State refer to a category
of criminal offenses that are considered to be directed against the
sovereignty, integrity, and security of the State. In India, these offenses are
primarily governed by the Indian Penal Code (IPC) and other special laws such
as the Unlawful Activities (Prevention) Act, 1967, and the Official Secrets
Act, 1923.
Offences against the State can include acts
such as:
1.
Sedition_124A: This refers to any conduct or speech that incites public disorder or
violence against the government.
2.
Waging War against the State_121: This refers to any act or attempt to
overthrow or subvert the government, or to use armed force against the
government.
3.
Terrorism:
This refers to any act of violence or threat of violence that is intended to
intimidate or coerce the government or the public.
4.
Espionage:
This refers to the act of gathering or transmitting sensitive information about
the government or the military to a foreign power.
5.
Offences related to national security: This can include offenses related to the
protection of vital installations, such as nuclear power plants or defense
establishments, or the protection of sensitive information.
The punishment for offences against the State
can be severe, as these offenses are considered to be particularly harmful to
the integrity and security of the country. Depending on the nature and severity
of the offense, the punishment may include imprisonment, fines, or even the
death penalty.
It is important to note that while the State
has a legitimate interest in protecting its sovereignty and security, it is
also important to ensure that these laws are not misused to suppress legitimate
dissent or political opposition. As such, it is important to ensure that any
prosecution under these laws is based on a clear and objective standard of
evidence and is conducted in a fair and transparent manner.
Offences
against public peace and Tranquility
Offences against public peace and tranquility
are a category of criminal offenses that are aimed at maintaining social
harmony and preventing disturbances to public order. In India, these offenses
are primarily governed by the Indian Penal Code (IPC).
Offences against public peace and tranquility
can include acts such as:
1.
Rioting_146: This refers to any act of violence or threat of violence that is
committed by a group of people with a common intention to cause disturbance to
public peace.
2.
Unlawful assembly_141: This refers to a group of people who gather with the intention of
committing a crime or creating a disturbance to public peace.
3.
Affray_159: This refers to a fight between two or more people in a public place
that disturbs public peace.
4.
Promoting enmity between different groups_153A: This refers to any act that
promotes feelings of hatred or enmity between different groups of people, based
on their religion, race, caste, or community.
5.
Public nuisance_268: This refers to any act or behavior that causes inconvenience or
annoyance to the public.
The punishment for offences against public
peace and tranquility can include imprisonment, fines, or both. In cases where
the offense has resulted in loss of life or serious injury, the punishment can
be more severe.
It is important to note that while the State
has a legitimate interest in maintaining public order and preventing
disturbances to public peace, it is also important to ensure that these laws
are not misused to suppress legitimate dissent or political opposition. As
such, it is important to ensure that any prosecution under these laws is based
on a clear and objective standard of evidence and is conducted in a fair and
transparent manner.
Increasing
tendency of offences under S.153-A andS.153-B
Section 153-A and 153-B of the Indian Penal
Code (IPC) deal with offenses related to promoting enmity between different
groups on the basis of religion, race, caste, community, or language. These
offenses are commonly referred to as "hate speech" offenses and are
aimed at maintaining social harmony and preventing the spread of communal
tensions.
There has been an increasing tendency of
offenses under Section 153-A and 153-B in recent years in India. This is
primarily due to the growing prevalence of social media and the internet, which
has made it easier for people to disseminate hate speech and other offensive
content.
The rise in hate speech offenses can also be
attributed to the growing polarization of society along religious and communal
lines. In many cases, these offenses are committed by individuals or groups who
seek to further their own political or ideological agendas, often at the
expense of social harmony and communal peace.
The rise in hate speech offenses is a matter of
concern, as these offenses have the potential to cause widespread social unrest
and communal tensions. It is therefore important for law enforcement agencies
and the judiciary to take a firm stand against such offenses and to ensure that
those responsible are held accountable.
At the same time, it is important to ensure
that these laws are not misused to suppress legitimate dissent or political
opposition. As such, any prosecution under Section 153-A and 153-B should be
based on a clear and objective standard of evidence and should be conducted in
a fair and transparent manner.
UNIT – 3
Offences
affecting human body (offences affecting human life) Culpable Homicide and
Murder
Offences affecting human body refer to criminal
offenses that cause harm or injury to another person's body or result in the
loss of human life. These offenses are primarily governed by the Indian Penal
Code (IPC) and can be classified into two categories: culpable homicide and
murder.
Culpable Homicide is defined under Section
299 of the IPC as the act of
causing the death of a person with the intention of causing death, or with the
knowledge that the act is likely to cause death. The key difference between
culpable homicide and murder is the degree of intention involved. In cases of
culpable homicide, the offender may not have had the specific intention of
causing death, but their actions were reckless or negligent, and they knew that
it could result in someone's death.
Murder, on the other hand, is defined under Section 300 of
the IPC as the act of causing the death of a person with the intention of
causing death or with the knowledge that the act is likely to cause death.
The key difference between murder and culpable homicide is that in cases of
murder, the offender has a specific intention of causing death.
Both culpable homicide and murder are serious
offenses that can result in severe punishment. The punishment for culpable
homicide can range from imprisonment for up to 10 years to life imprisonment,
depending on the nature and severity of the offense. The punishment for murder
can range from life imprisonment to the death penalty, depending on the
nature and severity of the offense.
It is important to note that in cases of
culpable homicide or murder, the prosecution must prove beyond a reasonable
doubt that the accused had the requisite intention or knowledge to commit the
offense. If there is any doubt about the accused's intent or knowledge, the
benefit of the doubt should go to the accused, as per the principles of
criminal law.
Hurt and Grievous
Hurt
Hurt and Grievous Hurt are two types of
offenses that fall under the category of offenses against the human body as per
the Indian Penal Code (IPC).
Hurt is defined under Section
319 of the IPC as an act that causes bodily pain, disease, or infirmity to another
person. The offense of hurt is considered less serious than other offenses
against the human body, such as grievous hurt or culpable homicide.
The punishment for hurt is imprisonment for up
to 3 years and/or a fine. However, if the offense of hurt is committed with a
dangerous weapon or with the intention of causing harm, the punishment may be
increased to up to 7 years of imprisonment and/or a fine.
Grievous Hurt is defined under Section 320 of the IPC as an act that causes
severe injury or harm to another person, such as loss of a limb, disfiguration
of the face, or permanent loss of the use of any limb or organ. The offense of grievous hurt is
considered more serious than the offense of hurt.
The punishment for grievous hurt varies depending
on the severity of the injury caused. If the injury is such that it endangers
the life of the victim, the punishment can be up to 10 years of imprisonment
and/or a fine. If the injury causes permanent disfigurement or impairs the
victim's ability to perform their daily activities, the punishment can be up to
7 years of imprisonment and/or a fine. For any other type of grievous hurt, the
punishment can be up to 3 years of imprisonment and/or a fine.
It is important to note that in cases of hurt
and grievous hurt, the prosecution must prove that the accused intended to
cause the harm or injury, or was reckless in their actions which caused the
harm. If there is any doubt about the accused's intent or knowledge, the
benefit of the doubt should go to the accused, as per the principles of
criminal law.
Wrongful
restraint and Wrongful confinement
Wrongful restraint and wrongful confinement are
two distinct offenses under the Indian Penal Code (IPC), falling under the
category of offenses against the human body.
Wrongful Restraint:
Wrongful restraint is defined under Section 339 of
the IPC as voluntarily obstructing a person from proceeding in any direction in
which that person has a right to proceed. In other words, it involves stopping
someone from moving freely in a particular direction without their consent or
without a lawful justification.
The punishment for wrongful restraint is
imprisonment for up to one month or a fine of up to Rs. 500, or both.
Wrongful Confinement:
Wrongful confinement is defined under Section 340 of the IPC as intentionally confining
a person against their will in a space from which they cannot escape. In other
words, it involves keeping someone detained or locked up against their will,
without any lawful authority to do so.
The punishment for wrongful confinement varies
depending on the nature of the confinement. If the confinement is for less than
three days, the punishment is imprisonment for up to two years or a fine or
both. If the confinement is for more than three days but less than ten days,
the punishment is imprisonment for up to three years or a fine or both. If the
confinement is for more than ten days, the punishment is imprisonment for up to
seven years or a fine or both.
It is important to note that both wrongful
restraint and wrongful confinement are offenses against a person's liberty, and
can be considered violations of their fundamental rights. As such, the law
provides strict punishments for those who commit these offenses.
Criminal
force and Assault
Criminal force and assault are two distinct
offenses under the Indian Penal Code (IPC), falling under the category of
offenses against the human body.
Criminal Force:
Criminal force is defined under Section 350 of the IPC as an act of using force
against another person with the intention of causing harm, fear or apprehension
of harm. In other words, it involves using physical force against someone,
with the intention of harming or intimidating them.
The punishment for criminal force varies
depending on the severity of the force used. If the force used is sufficient to
cause harm, the punishment can be imprisonment for up to 3 years or a fine or
both. If the force used is likely to cause grievous harm or death, the
punishment can be imprisonment for up to 7 years or a fine or both.
Assault:
Assault is defined under Section 351 of the IPC as an act of
intentionally causing fear of injury or the apprehension of immediate harm.
In other words, it involves threatening someone with bodily harm or injury, causing
them to fear for their safety or well-being.
The punishment for assault is imprisonment for
up to 3 years or a fine or both.
It is important to note that in both cases, the
prosecution must prove that the accused had the intention to cause harm or fear,
or was reckless in their actions which caused the harm or fear. If there is any
doubt about the accused's intent or knowledge, the benefit of the doubt should
go to the accused, as per the principles of criminal law.
Kidnapping
and Abduction
Kidnapping and abduction are two distinct
offenses under the Indian Penal Code (IPC), falling under the category of
offenses against the human body.
Kidnapping:
Kidnapping is defined under Section 359 of the IPC as the act of taking or
enticing away a person against their will. In other words, it involves
forcefully taking someone away or luring them away from their current location
without their consent.
The punishment for kidnapping varies depending
on the circumstances of the case. If the victim is released unharmed within 7
days, the punishment can be imprisonment for up to 7 years or a fine or both.
If the victim is not released within 7 days or is subject to grievous harm or
death, the punishment can be imprisonment for life or the death penalty, along
with a fine.
Abduction:
Abduction is defined under Section 362 of the IPC as the act of taking or
enticing away any minor (under the age of 18) or any person of unsound mind,
without the consent of their guardian or lawful authority. In other words,
it involves taking a minor or a person of unsound mind without the consent of
their legal guardian or authority.
The punishment for abduction is imprisonment
for up to 7 years or a fine or both.
It is important to note that both kidnapping
and abduction involve taking someone away without their consent, but the key
difference is that kidnapping can involve taking anyone, while abduction is
limited to minors or persons of unsound mind. Additionally, the severity of the
punishment is typically greater for kidnapping, particularly if the victim is
subject to harm or death.
Sexual
offences
Sexual assault refers to a non-consensual
sexual act or behavior that involves unwanted sexual contact or advances
imposed on an individual without their consent.
-
Rape:
o
Section 375: Defines rape as the act of sexual intercourse without the consent of a
woman or against her will.
o
Section 376: Deals with the punishment for rape, which includes imprisonment of
varying durations, and may include a minimum sentence of 10 years or even life
imprisonment.
-
Sexual Assault:
o
Section 354: Deals with assault or criminal force to outrage the modesty of a
woman.
-
Sexual Harassment:
o
Section 354A: Deals with sexual harassment, including unwelcome physical contact and
advances.
o
Section 354D: Deals with stalking, which is a form of sexual harassment.
-
Child Sexual Abuse:
o
Section 376AB: Deals with the punishment for rape of a child under 12 years of age,
which includes imprisonment for life or the death penalty.
o
Section 377: Deals with unnatural offenses and includes provisions related to sexual
acts with children.
-
Voyeurism:
o
Section 354C: Deals with voyeurism, which involves capturing or transmitting the
image of a person engaged in a private act without their consent.
-
Trafficking for Sexual Exploitation:
o
Sections 370 and 370A: Deal with trafficking in persons for various
forms of exploitation, including sexual exploitation.
It is important to note that sexual offenses
are covered not only under the IPC but also under other laws and legislations
in India, such as the Protection of Children from Sexual Offenses (POCSO) Act,
the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, and various state-specific legislations.
Sexual
offences 2018 Amendment
The Sexual Offences Act of 2018 is an amendment
to the Indian Penal Code (IPC) that was introduced in order to provide more
comprehensive legal protection against sexual offenses in India. The act was
introduced following widespread public protests and demands for better legal
protection for women and children, particularly in light of several
high-profile cases of sexual violence in the country.
The act introduced several key changes to the
IPC, including:
1.
Increased Punishments: The act increased the punishments for several sexual offenses,
including rape, gang rape, and sexual assault. It also introduced new offenses,
such as stalking and acid attacks.
2.
Protection of Children: The act introduced more comprehensive protections for children,
including stronger penalties for offenses such as sexual harassment and child
pornography.
3.
Faster Trials: The act provided for faster trials of sexual offenses, with a time
limit of 2 months for the completion of a trial.
4.
More Stringent Bail Provisions: The act made it more difficult for accused
persons to obtain bail in cases of sexual offenses.
5.
Protection of Victims and Witnesses: The act introduced provisions to protect the
privacy and identity of victims and witnesses in cases of sexual offenses.
The Sexual Offences Act of 2018 was widely
hailed as a significant step forward in the fight against sexual violence in
India. However, there have been criticisms that the act does not go far enough
in protecting vulnerable groups such as LGBTQ+ individuals, and that there is
still much work to be done to address the root causes of sexual violence in the
country.
Unnatural
offences
The term "unnatural offenses" refers
to sexual offenses that involve acts that are considered to be against the
order of nature. This offense is defined under Section
377 of the Indian Penal Code (IPC).
Section 377, as it originally stood,
criminalized sexual activities "against the order of nature,"
including same-sex sexual activities. However, in 2018, the Supreme Court of
India declared that Section 377 was unconstitutional to the extent that it
criminalized consensual sexual acts between adults, regardless of gender. This
effectively decriminalized homosexual acts in India.
However, Section 377 still remains in force for
non-consensual sexual acts, such as those involving minors or persons with
disabilities, or those that involve coercion, force, or fraud. Such acts are
punishable by imprisonment for a term ranging from 10 years to life.
It is important to note that while the
decriminalization of consensual homosexual acts was a significant step forward
for LGBTQ+ rights in India, there is still significant stigma and
discrimination faced by the community in the country.
UNIT -4
Offences
affecting the public health, safety, convenience, decency and morals
The Indian Penal Code (IPC) includes several
offenses that are categorized as "offenses affecting public health,
safety, convenience, decency, and morals." These offenses include:
1.
Public Nuisance_268: This offense involves any act or
omission that causes a common injury, danger or annoyance to the public or to
the people in general who dwell or occupy property in the vicinity.
2.
Adulteration of Food and Drugs_272: This offense involves the
adulteration of food or drugs with any poisonous or noxious substance with the
intention of causing harm to others.
3.
Sale of Noxious Food and Drinks_273: This offense involves the sale of
any article of food or drink that is adulterated or is injurious to health.
4.
Obscene Acts and Songs_294: This offense involves the
commission of any obscene act or singing of any obscene song in a public place.
5.
Indecent Representation of Women_292A: This offense involves the depiction
of women in any manner that is derogatory or denigrating to women.
6.
Offenses Related to Marriage: This offense includes the offenses of bigamy (494), cruelty by husband or relatives of husband (498A), and dowry death (304B).
7.
Offenses Related to Religion (295A): This offense includes the offenses
of deliberate and malicious acts intended to outrage religious feelings of any
class by insulting its religion or religious beliefs.
The punishment for these offenses may vary
depending on the specific offense committed, but generally includes
imprisonment and/or a fine. It is important to note that the Indian legal
system recognizes that these offenses can have a serious impact on the public
and society as a whole, and as such, they are treated with utmost seriousness.
Offences
against Property
Offences against property are crimes that
involve the illegal taking or destruction of property belonging to another
person. The Indian Penal Code (IPC) recognizes a number of such offenses,
including:
1.
Theft_378: This offense involves the dishonest
taking of another person's property without their consent.
2.
Extortion_383: This offense involves the use of
force or threats to obtain property or money from another person.
3.
Robbery_390: This offense involves the use of
force or violence to steal another person's property.
4.
Criminal Misappropriation_403: This offense involves the
fraudulent or dishonest use of another person's property.
5.
Criminal Breach of Trust_405: This offense involves the breach of
a fiduciary duty by a person who has been entrusted with someone else's
property.
6.
Mischief_425: This offense involves the
destruction or damage of another person's property.
7.
Forgery_463: This offense involves the creation
or use of a false document with the intention to deceive or defraud.
The punishments for these offenses can vary
depending on the severity of the crime, the value of the property stolen or
damaged, and other factors. In general, however, these offenses are punishable
by imprisonment and/or a fine. It is important to note that the Indian legal
system takes these crimes very seriously, as they can have a significant impact
on individuals and society as a whole.
Theft (378)
Theft is a criminal offense in India that is
defined under Section 378 of the Indian Penal Code (IPC). It involves the act
of dishonestly taking someone else's property with the intention of permanently
depriving them of it.
According to the IPC, theft occurs when a
person takes someone else's property without their consent, and with the
intention of dishonestly keeping it for themselves. The property can be any
movable property, such as money, jewelry, electronic devices, or any other
valuable item.
Theft is a serious offense and can result in
imprisonment for up to 3 years, along with a fine. If the property stolen is
valued at more than Rs. 5,000, the punishment can be imprisonment for up to 7
years, along with a fine.
If a person has been accused of theft, the
prosecution must prove beyond reasonable doubt that the accused intended to
dishonestly take the property without the owner's consent. The defense can
argue that the accused did not intend to steal the property, or that they had a
mistaken belief that the property belonged to them.
It is important for individuals to respect the
property of others and to avoid engaging in any activities that could be
considered theft. If a person has been a victim of theft, they should report
the offense to the authorities immediately.
Extortion (383)
Extortion is a criminal offense in India that
is defined under Section 383 of the Indian Penal Code (IPC). It involves the
act of obtaining someone else's property or money by using force, threats, or
intimidation.
According to the IPC, extortion occurs when a
person intentionally puts another person in fear of injury to themselves or
someone else, in order to obtain their property or money. The threat can be either
physical harm or any other harm, such as damage to property or reputation.
Extortion is a serious offense and can result
in imprisonment for up to 3 years, along with a fine. If the threat used in the
extortion involves the threat of death or grievous hurt, the punishment can be
imprisonment for up to 10 years, along with a fine.
If a person has been accused of extortion, the
prosecution must prove beyond reasonable doubt that the accused intended to
obtain the property or money through the use of force, threats, or
intimidation. The defense can argue that the accused did not intend to use
force, threats, or intimidation, or that they had a legitimate reason for
demanding the property or money.
It is important for individuals to respect the
rights of others and to avoid engaging in any activities that could be
considered extortion. If a person has been a victim of extortion, they should
report the offense to the authorities immediately.
Robbery (390)
Robbery is a criminal offense in India that is
defined under Section 390 of the Indian Penal Code (IPC). It involves the act
of theft or extortion of property from a person's possession by using force or
fear.
According to the IPC, robbery occurs when a
person commits theft or extortion and, in doing so, uses force or fear to take
the property from another person. The use of force or fear is an essential
element of the offense, and without it, the offense cannot be considered
robbery.
The punishment for robbery under the IPC can be
imprisonment for up to 10 years, along with a fine. If the robbery involves the
use of deadly weapons, the punishment can be imprisonment for life, along with
a fine.
If a person has been accused of robbery, the
prosecution must prove beyond reasonable doubt that the accused used force or
fear to commit the offense. The defense can argue that the accused did not use
force or fear or that they had a legitimate reason for taking the property.
It is important for individuals to respect the
rights of others and to avoid engaging in any activities that could be
considered robbery. If a person has been a victim of robbery, they should
report the offense to the authorities immediately.
Dacoity (391)
Dacoity is a serious criminal offense in India
that involves an armed robbery committed by a group of five or more persons.
The crime is punishable under Section 391 of the Indian Penal Code (IPC). The
term "dacoity" refers to a group of people who commit robbery using
violence or the threat of violence.
According to the IPC, dacoity occurs when a
group of five or more people commit robbery while being armed with deadly
weapons such as guns, knives, or other dangerous objects. The offense is
considered to be more serious than simple robbery because it involves the use
of force and intimidation to commit the crime.
If a person is found guilty of dacoity, they
can face imprisonment for a term that may extend to life imprisonment, along
with a fine. In addition, the property that has been stolen may also be
confiscated by the government.
The Indian legal system takes dacoity very
seriously and considers it a grave threat to public safety and order. As such,
law enforcement agencies and the judiciary work tirelessly to investigate and
prosecute those who commit this offense.
Cheating (415)
Cheating is a criminal offense in India that is
defined under Section 415 of the Indian Penal Code (IPC). It involves an act of
deception or dishonesty by a person in order to gain an advantage or benefit,
often at the expense of another person.
According to the IPC, cheating occurs when a
person fraudulently or dishonestly induces another person to deliver any
property, to commit or omit to do anything which they would not do or omit if
they were not so deceived, and which causes or is likely to cause damage or
harm to that person or any other person.
The act of cheating involves a deliberate
intention to deceive or mislead another person for personal gain. This may
include making false promises, misrepresenting facts, using fake documents or
credentials, or any other act of deception that causes harm or financial loss
to the victim.
Cheating is a serious offense and can result in
severe punishments including imprisonment for up to 7 years and/or a fine. The
severity of the punishment depends on the nature and extent of the cheating
offense, the amount of money or property involved, and the impact it has had on
the victim.
It is important for individuals to be aware of
the laws regarding cheating and to avoid engaging in any fraudulent or
deceptive activities that could result in criminal charges. If a person has
been a victim of cheating, they should report the offense to the authorities
immediately.
Mischief (425)
In the Indian Penal Code (IPC),
"mischief" is defined as an offense under Section 425. It involves
causing damage to property with the intention of causing destruction or damage
to such property or with the knowledge that such destruction or damage is
likely to occur.
The offense of mischief includes a wide range
of activities such as damaging or destroying property, defacing or altering
property, or tampering with property in a way that causes damage. The offense
can also be committed by causing obstruction, injury, or annoyance to any
person in the use of any property.
The punishment for mischief under the IPC can
be imprisonment for up to two years, along with a fine. If the damage caused is
of a substantial nature, the punishment can be imprisonment for up to seven
years, along with a fine.
If a person has been accused of mischief, the prosecution
must prove beyond reasonable doubt that the accused caused the damage to
property with the intention to cause destruction or damage or with the
knowledge that such destruction or damage is likely to occur. The defense can
argue that the accused did not have the intention or knowledge to cause damage
or that they had a legitimate reason for their actions.
It is important for individuals to respect the
rights of others and to avoid engaging in any activities that could be
considered mischief. If a person has been a victim of mischief, they should
report the offense to the authorities immediately.
Criminal
Trespass (441)
In the Indian Penal Code (IPC), "criminal
trespass" is defined as an offense under Section 441. It involves entering
into or remaining on any property without the consent of the owner or the
person in charge of the property.
The offense of criminal trespass can be
committed by any person who enters or remains on any property with the
intention of committing an offense or to intimidate, insult, or annoy the owner
or any person lawfully in possession of the property.
The punishment for criminal trespass under the
IPC can be imprisonment for up to three months, along with a fine. If the
trespasser is armed with a weapon or causes any damage to the property, the
punishment can be imprisonment for up to six months, along with a fine.
If a person has been accused of criminal
trespass, the prosecution must prove beyond reasonable doubt that the accused
entered or remained on the property without the consent of the owner or the
person in charge of the property. The defense can argue that the accused had a
legitimate reason for entering or remaining on the property or that they
believed they had the consent of the owner or the person in charge of the
property.
It is important for individuals to respect the
rights of others and to avoid engaging in any activities that could be
considered criminal trespass. If a person has been a victim of criminal
trespass, they should report the offense to the authorities immediately.
Criminal
misappropriation
(403)
Criminal misappropriation is an offense under
Section 403 of the Indian Penal Code (IPC). It involves dishonestly
misappropriating or converting to one's own use any movable property that is
entrusted to or in the possession of another person.
For an act to be considered as criminal
misappropriation, the following elements must be present:
·
The
accused must have been entrusted with or had possession of the property.
·
The
accused must have dishonestly misappropriated or converted the property for
their own use.
·
The
accused must have done so with the intention of causing wrongful gain to
themselves or wrongful loss to the person who entrusted the property.
The punishment for criminal misappropriation
under the IPC can be imprisonment for up to two years, along with a fine.
If a person has been accused of criminal
misappropriation, the prosecution must prove beyond reasonable doubt that the
accused dishonestly misappropriated or converted the property and did so with
the intention of causing wrongful gain or loss. The defense can argue that the
accused did not act dishonestly or did not have the intention of causing
wrongful gain or loss.
It is important for individuals to act with
integrity and respect the property of others. Any act of criminal
misappropriation can have serious legal consequences and can damage one's
reputation and credibility.
Criminal
breach of trust.
(405)
Criminal breach of trust is an offense under
Section 405 of the Indian Penal Code (IPC). It involves dishonestly
misappropriating or converting to one's own use any property that is entrusted
to or under the control of another person, or violating any legal duty that
requires the accused to deal with the property in a particular manner.
For an act to be considered as criminal breach
of trust, the following elements must be present:
·
The
accused must have been entrusted with or had control of the property in
question.
·
The
accused must have dishonestly misappropriated or converted the property for
their own use or for the use of someone else.
·
The
accused must have violated the legal duty or trust that was placed upon them.
·
The
punishment for criminal breach of trust under the IPC can be imprisonment for
up to three years, along with a fine.
If a person has been accused of criminal breach
of trust, the prosecution must prove beyond reasonable doubt that the accused
dishonestly misappropriated or converted the property and violated the legal
duty or trust. The defense can argue that the accused did not act dishonestly
or did not violate any legal duty or trust.
It is important for individuals who are
entrusted with property or control of property to act with honesty and
integrity. Any act of criminal breach of trust can have serious legal
consequences and can damage one's reputation and credibility.
UNIT – 5
Offences by
or relating to public servants
Offences by or relating to public servants are
covered under Chapter IX of the Indian Penal Code (IPC), and include various crimes
that may be committed by public servants or that may be related to their
official duties. Some examples of such offenses are:
1.
Offences by public servants: Public servants are held to a higher standard
of conduct due to the trust placed in them by the public. Section 166 of the IPC makes it an offense for a
public servant to disobey any legal order issued by a competent authority,
while Section 167 penalizes any public
servant who fails to perform their duty or intentionally omits to do so.
2.
Taking gratification by corrupt means: Section 7 of the Prevention of Corruption Act,
1988 makes it an offense for a public servant to accept or obtain any
gratification other than their legal remuneration, in exchange for any official
act or forbearance. This includes accepting bribes, as well as any other
illegal or unethical acts.
3.
Criminal misconduct by public servants: Section 13 of the Prevention of Corruption
Act, 1988 penalizes any public servant who abuses their official position to
gain any undue advantage for themselves or for any other person, or who accepts
or obtains any illegal gratification.
4.
Abuse of official position: Public servants are in a position of authority
and trust, and are expected to use their powers only for the public good. Any
misuse of their official position, such as to intimidate, harass or oppress any
person, may be punishable under Section 166A
of the IPC.
5.
Criminal conspiracy by public servants: Public servants may also be held liable for
criminal conspiracy if they conspire with others to commit any offense,
including those related to their official duties.
The punishments for these offenses vary
depending on the specific offense committed and the severity of the crime.
Public servants who are found guilty of any offense relating to their official
duties may face disciplinary action as well as criminal prosecution.
False
Evidence and Offences against Public Justice
False evidence and offences against public
justice are covered under Chapter XI of the Indian Penal Code
(IPC), and include various crimes that may be committed by individuals in
relation to judicial proceedings or the administration of justice. Some
examples of such offenses are:
1. Giving false evidence: Section 191 of the IPC makes it an
offense for any person to give false evidence, either on oath or in any other
manner, in any stage of a judicial proceeding.
2. Fabricating false evidence: Section 192 of the IPC penalizes the
act of fabricating false evidence with the intention of using it in a judicial
proceeding or otherwise.
3. Using as true a false document: Section 471 of the IPC makes it an
offense for any person to use as genuine any document which they know or have
reason to believe to be forged or false.
4.
Obstructing public servant in discharge of public functions: Section
186 of the IPC penalizes any person who voluntarily obstructs any public
servant in the discharge of their public functions.
5.
Resisting or obstructing lawful apprehension or escape: Section 224 of the IPC makes it an offense for
any person who is being lawfully apprehended for any offense, to resist or
obstruct such apprehension or to attempt to escape from custody.
6.
Offering bribe to public servant: Section 161 of
the IPC makes it an offense for any person to offer or give any gratification
to any public servant with the intention of inducing or rewarding the public
servant for doing or forbearing to do any official act.
The punishments for these offenses vary
depending on the specific offense committed and the severity of the crime.
Individuals who are found guilty of any offense against public justice may face
imprisonment, fines, or both. These offenses are taken very seriously by the
legal system as they have the potential to undermine the administration of
justice and erode public trust in the legal system.
Offences
relating to documents
Offences relating to documents are governed by
the Indian Penal Code (IPC) and other laws such as the Indian Evidence Act, the
Code of Criminal Procedure, and the Prevention of Corruption Act. These
offences involve the creation, alteration, destruction, or falsification of
documents with an intention to deceive, defraud, or harm someone.
Some of the common offences relating to
documents are:
1.
Forgery (Section 463 IPC): Forgery is the making of a false document with
an intention to deceive someone. It can be committed by creating a fake
document or by altering an existing one.
2.
Using a forged document as genuine (Section 471 IPC): This offence involves the use of a
forged document as genuine with an intention to deceive someone.
3.
Making or possessing counterfeit seals, plates or instruments (Section
489 IPC): This
offence involves the making or possessing of counterfeit seals, plates or
instruments with an intention to use them for counterfeiting.
4.
Destruction of documents (Section 204 IPC): This offence involves the
destruction of any document with an intention to prevent it from being produced
as evidence in a legal proceeding.
5.
Giving false evidence (Section 191 IPC): This offence involves giving false evidence or
making a false statement on oath in a legal proceeding.
6.
Fabricating false evidence (Section 192 IPC): This offence involves fabricating
false evidence with an intention to mislead the court or to harm someone.
7.
Using as true a false declaration made under penalty of perjury (Section
199 IPC): This
offence involves using as true a false declaration made under penalty of
perjury with an intention to deceive someone.
8.
Falsification of accounts (Section 477A IPC): This offence involves the
falsification of accounts or the creation of false entries in the books of
accounts with an intention to deceive someone.
Penalties for these offences range from
imprisonment to fines or both, depending on the nature and gravity of the
offence.
Offences
relating to Marriage
In the Indian Penal Code, there are a few
sections that deal with offences relating to marriage. These sections include:
1. Cruelty by husband or relatives of
the husband (Section 498A IPC)
2.
Dowry
death (Section 304B IPC)
3.
Section 493 - Cohabitation caused by a man deceitfully
inducing a belief of lawful marriage: This section states that any man who
deceitfully induces a woman to believe that she is lawfully married to him and
cohabits with her in that belief, shall be punished with imprisonment for a
term that may extend to 10 years, along with a fine.
4.
Section 494 - Marrying again during the lifetime of a husband or wife:
This section deals with bigamy, which means
marrying again during the lifetime of a husband or wife. Any person who does
this shall be punished with imprisonment for a term that may extend to 7 years,
along with a fine.
5.
Section 495 - Same offence with concealment of former
marriage from person with whom subsequent marriage is contracted: This section deals with the
situation where a person conceals the fact of his or her former marriage from
the person with whom he or she contracts a subsequent marriage. The punishment
for such an offence is imprisonment for a term that may extend to 7 years,
along with a fine.
6.
Section 496 - Marriage ceremony fraudulently gone through
without lawful marriage: This section states that any person who goes through a marriage
ceremony fraudulently, knowing that he or she is not lawfully married, shall be
punished with imprisonment for a term that may extend to 10 years, along with a
fine.
7.
Section 497 - Adultery: This section deals with adultery, which means
having sexual intercourse with a person who is and whom the offender knows or
has reason to believe to be the wife of another man, without the consent or
connivance of that man. The punishment for adultery is imprisonment for a term
that may extend to 5 years, along with a fine.
It is important to note that these offences are
non-cognizable, bailable and triable by any Magistrate.
Cruelty by
husband and relatives of husband (498A)
Section 498A of the Indian Penal Code deals
with the offence of cruelty by a husband or his relatives towards a married
woman. It states that whoever, being the husband or relative of the husband of
a woman, subjects such woman to cruelty shall be punished with imprisonment for
a term which may extend to three years and shall also be liable to fine.
The term "cruelty" has been defined
in section 498A as any willful conduct which is of such a nature as is likely
to drive the woman to commit suicide or to cause grave injury or danger to
life, limb or health (whether mental or physical) of the woman.
It is a non-bailable, cognizable and
non-compoundable offence. The offence is considered as a serious offence and
the accused can be arrested without a warrant by the police. The law is
intended to protect women from dowry harassment and other forms of domestic
violence.
Defamation. (500)
Defamation is a civil wrong and a criminal
offence under the Indian law. It refers to the act of harming a person's
reputation by making a false statement about him or her, either orally or in
writing, which is likely to lower the person's reputation in the eyes of
others.
In India, defamation is governed by both the
Indian Penal Code, 1860 and the civil law. Section 499 of the Indian Penal Code
defines defamation as an imputation which is made with the intention of harming
the reputation of a person or which is likely to harm the reputation of a
person. The imputation may be in the form of words spoken or written, signs,
gestures or any other manner.
Section 500 of the Indian Penal Code provides
for punishment for defamation. If a person is found guilty of defamation, he or
she can be punished with imprisonment for a term which may extend up to two
years, or with fine, or with both.
In addition to the criminal liability, the person
who has been defamed can also sue the person responsible for defamation under
the civil law for damages. The law recognizes two types of defamation - slander
and libel. Slander is a spoken defamation while libel is a written or published
defamation.
DOWNLOAD LINK FOR SYLLABUS SHORT NOTES :
DOWNLOAD - law of Crimes syllabus short notes (revised on 12-08-2023)
:DOWNLOAD - LLB (3YDC) 2nd SEM - Ext. Imp Questions of All Subjects
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P-II: Public International Law
P-III: Interpretation of Statutes
P-V: Intellectual Property Law
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Note: Some of the short notes are intended for a basic understanding of the subject topics. For a more in-depth understanding, please refer to the textbooks.
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