2. Various sections of IPC
• Section 142 (Being member of Unlawful assembly) –
Whoever, being aware of facts which render any assembly
an unlawful assembly, intentionally joins that assembly, or
continues in it, is said to be member of unlawful assembly.
• Section 157 Harboring persons hired for an unlawful
assembly- Whoever harbors, receives or assembles, in any
house or premieres in his occupation or charge, or under
his control any persons, knowing that such person have
been hired, engaged or employed, or are about to be hired,
engaged or employed, to join or become members of an
unlawful assembly, shall be punished with imprisonment of
either description for a term which may extend to six
months, or with fine, or with both.
3. Mens Rea
• Section 209.( Dishonestly making false claim in Court. )
Whoever fraudulently causes or suffers a decree or
order to be passed against him at the suit of any
person for a sum not due or for a larger sum that is due
to such person or for any property or interest in
property to which such person is not entitled, or
fraudulently causes or suffers a decree or order to be
executed against him after it has been satisfied, or for
anything in respect of which it has been satisfied, shall
be punished with imprisonment of either description
for a term which may extend to two years, or with fine,
or with both.
4. Mens rea
• Section 264. Fraudulent use of false instrument for weighing. – Whoever
fraudulently, uses any instrument for weighing which he knows to be false, shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
• Section 298 Uttering words, etc. with deliberate intent to wound religious feelings
of any person- Whoever, with the deliberate intention of wounding the religious
feelings of any person, utters any word or makes any sound in the hearing of that
person or makes any gesture in the sight of that person or places, any object in the
sight of that person, shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both.
• Ranjit D Udeshi v State of Maharastra AIR 1965 SC 881.
• Section 39 ( Voluntarily) A person is said to cause an effect voluntarily, when he
causes it by means whereby he intended to cause it, or by means which, at the
time of employing those means, he knew or had reason to believe to be likely to
cause it.
5. Section 299IPC
• ‘Whoever , causes death by doing an act with
the intention of causing death’-----
• Section 285, 286, 287 makes knowingly, or
negligently omitting to take sufficient care as
to cause harm to human life in respect of
possession of poisonous substances, fire,
combustible matter , explosive substances as
an offence.
6. Intention vis- A- Vis motive.
• Intention vis-à-vis knowledge.
• Negligence as Mens Rea.
• Intention and consequence.
• Niranjan Singh v Jitendra Bhimraj(AIR 1990 SC
1962. (TADA)
• Intention in Homicide
• 1 An intention to cause death.
• An intention to cause dangerous injury as is likely
to cause a death.
• Knowledge that death is likely to happen.
7. Mens Rea
• Rawalpenta Venkalu v State of Hyderbad AIR 1956 SC
171.
• Burden of Proof.
• Public Welfare offences and Mens Rea.
• The Factories Act, 1948.
• State of Gujrat v Kansara Manilal AIR 1964 SC 1893.
• Section 63 and 117 of the Factories Act.
• The Foreign Exchange Regulation Act
• State of Mharastra vs M KH George AIR 1965 SC 722.
• The Prevention of Food Adulteration Act.
• Sarjoo Prasad vs State of U.P. 1961 SCC 631.
8. Vicarious Liability in Crime
• A master is liable for libel published by his
servant. Libel Act 1843.
• A master is liable vicariously for the nuisance
committed by his servant.
• Responsibilities of Licensee.
• Emperor v Mahadevappa Hanmantappa
• AIR 1927 Bom. 209.
• Indian Explosives Act, 1884.
9. Company or Body Incorporates
• Section committed 47. (1) Where an offence
under this Act has been committed by a
company, every person who at the time of the
offence was committed was in charge of, was
responsible to the company for the conduct
of, the business of the company, as well as the
company shall be deemed to be guilty of the
offence and shall be liable to be proceeded
and punished accordingly.
10. Corporate offence
• Provided that nothing contained in this subsection shall
render any such person liable to any punishment provided
in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
• (2)Notwithstanding anything contained in subsection (1),
where an offence under this Act has been committed by a
company, and it is proved that the offence has been
committed with the consent or connivance of, or is
attributable to any neglect on the part of director, manager,
secretary, or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against
and punished accordingly.
11. Some important cases
• R v Prince(1875)
• Section 55 of the Offences Against the Person
Act,1861.
• R v Tolson(1889) 23 QBD 207.
• Cundy v Lecocq( 1884) 13 QBD 207 Div.Court
• Section 13of the Licensing Act, 1872.
