The law of crimes as old as the civilisation itself. The crime and the criminal in every society is looked with great hatred, but the study of the crimes and discovering the causes of crimes have remain the greatest attraction among the jurists of the jurisprudence. There always lies necessity of devising some ways and methods to curb such criminal tendencies among the section of the people living in the civilised society. The problem arises as to what acts should be forbidden, or what acts should be selected for punishment by the society or the State. The concept of the crime has been always been dependent on the public opinion.
Legal rights of animals edited by vaibhav goyalVaibhav Goyal
“So far as legal theory is concerned, a person is any being whom the law regards as capable of rights or duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and this is the exclusive point of view from which personality receives legal recognition.”
Contrary to the above stated proposition, the duty of humanity so enforced is not conceived by the law as a duty towards beasts, but merely as a duty in respect of them. There is no bond of ‘Litigation’ between mankind and them. The only interest between the two are the ‘Tight 'which the law recognises in such, a case is the interest and right of society as a -whole in the welfare of the animals belonging to it.
The document provides an overview of criminal law in India. It discusses:
1) The definition of crime according to various legal scholars and sources of criminal law.
2) The fundamental elements of a crime including actus reus, mens rea and causation.
3) The development and sources of criminal law in India, from ancient legal codes to the current Indian Penal Code.
4) Theories of punishment including deterrence, retribution, and reformation.
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
This document discusses human rights in India and police brutality. It outlines several key human rights like the right to life, liberty, freedom of expression, and social/economic rights. The document then discusses police brutality in India, the various forms it can take like false arrest and intimidation, and some of the causes like believing they are above the law. It also discusses police powers related to arrest, detention, stop and frisk and emphasizes the importance of respecting human rights and limiting excessive use of force.
This document provides an overview of criminal law and criminological theories. It defines crime and discusses different perspectives on defining crime. It also outlines various theories of criminology including: classical criminology, biological and biosocial theories, psychological theories, social learning theory, social bonding and control theories, labeling and reintegrative shaming theory, social disorganization theory, and anomie and strain theories. For each theory, it provides details on the key concepts and notable individuals associated with developing the theories.
The document discusses various schools of thought in criminology from the 18th century to present. It covers the Classical, Positivist, and Chicago schools which focused on deterrence, biological and social causes of crime, and how urban environments influence crime rates. Later developments included sociological positivism linking crime to factors like poverty, differential association theory that crime is learned, and strain theory that societal pressures can cause some to turn to crime. The document provides details on the key thinkers and theories within each criminological paradigm.
This document discusses various theories of punishment under the Indian criminal justice system. It begins by defining punishment and distinguishing between private and public wrongs. It then outlines the main purposes of criminal justice as punishing wrongdoers and protecting society. Four main theories of punishment are described - deterrent theory, preventive theory, reformative theory, and retributive theory. The document also discusses types of punishment under the Indian Penal Code such as death, imprisonment, forfeiture of property, and fines. It analyzes some important court cases related to capital punishment and the reformative approach.
Legal rights of animals edited by vaibhav goyalVaibhav Goyal
“So far as legal theory is concerned, a person is any being whom the law regards as capable of rights or duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and this is the exclusive point of view from which personality receives legal recognition.”
Contrary to the above stated proposition, the duty of humanity so enforced is not conceived by the law as a duty towards beasts, but merely as a duty in respect of them. There is no bond of ‘Litigation’ between mankind and them. The only interest between the two are the ‘Tight 'which the law recognises in such, a case is the interest and right of society as a -whole in the welfare of the animals belonging to it.
The document provides an overview of criminal law in India. It discusses:
1) The definition of crime according to various legal scholars and sources of criminal law.
2) The fundamental elements of a crime including actus reus, mens rea and causation.
3) The development and sources of criminal law in India, from ancient legal codes to the current Indian Penal Code.
4) Theories of punishment including deterrence, retribution, and reformation.
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
This document discusses human rights in India and police brutality. It outlines several key human rights like the right to life, liberty, freedom of expression, and social/economic rights. The document then discusses police brutality in India, the various forms it can take like false arrest and intimidation, and some of the causes like believing they are above the law. It also discusses police powers related to arrest, detention, stop and frisk and emphasizes the importance of respecting human rights and limiting excessive use of force.
This document provides an overview of criminal law and criminological theories. It defines crime and discusses different perspectives on defining crime. It also outlines various theories of criminology including: classical criminology, biological and biosocial theories, psychological theories, social learning theory, social bonding and control theories, labeling and reintegrative shaming theory, social disorganization theory, and anomie and strain theories. For each theory, it provides details on the key concepts and notable individuals associated with developing the theories.
The document discusses various schools of thought in criminology from the 18th century to present. It covers the Classical, Positivist, and Chicago schools which focused on deterrence, biological and social causes of crime, and how urban environments influence crime rates. Later developments included sociological positivism linking crime to factors like poverty, differential association theory that crime is learned, and strain theory that societal pressures can cause some to turn to crime. The document provides details on the key thinkers and theories within each criminological paradigm.
This document discusses various theories of punishment under the Indian criminal justice system. It begins by defining punishment and distinguishing between private and public wrongs. It then outlines the main purposes of criminal justice as punishing wrongdoers and protecting society. Four main theories of punishment are described - deterrent theory, preventive theory, reformative theory, and retributive theory. The document also discusses types of punishment under the Indian Penal Code such as death, imprisonment, forfeiture of property, and fines. It analyzes some important court cases related to capital punishment and the reformative approach.
The document provides an overview of criminal law in India, including definitions of crime, purposes of criminal law, and the history and development of the Indian Penal Code. It discusses how crime is defined by various legal scholars and how criminal law differs from civil law. It also summarizes the major legal systems - common law and civil law - that influenced criminal law in India. Lastly, it examines different theories of punishment in criminal law.
This document provides an overview of criminal law in India. It discusses key topics such as the definition of a crime, categories of crimes, elements of a crime including actus reus and mens rea, investigation and trial procedures outlined in the Code of Criminal Procedure, and special laws dealing with certain crimes. The three main sources of criminal law in India are identified as the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
LLB LAW NOTES ON CRIMINOLOGY AND PENOLOGY
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The document provides an overview of criminal law in India. It discusses:
1) The definition of crime according to various legal scholars and how it differs from civil wrongs.
2) The development and sources of criminal law in India, from ancient Hindu and Mohammedan systems to the current Indian Penal Code.
3) The fundamental elements of a crime, including mens rea (guilty mind) and actus reus (guilty act), and how these apply in Indian law.
4) Theories of punishment such as deterrence, retribution, and reformation, and how they influence the criminal justice system.
Philosophical Analysis of the Theories of Punishment in the Context of Nigeri...iosrjce
This review paper critically analyzed the theories of punishment in the context of Nigerian
educational system in analytic philosophical mode. Punishment being an ethical issue rendered philosophers
into debate which gave birth to the utilitarian and retributive theories, having common conception but different
reasons for punishment. However, it if is justified on ethical and religious grounds that it serves purposes of
retribution, reparation, rehabilitation/reformation, deterrence, protection, incapacitation, restoration,
condemnation and respect for divine laws. But in Nigeria today, irresponsibility, indiscipline, egocentrism and
misconception of “God” and religion give punishment the colour of crime with total disgust; all in the pretext of
forgiveness, mercy, magnanimity, kindness, patience and religiosity. This stand extends to educational system as
a subset of Nigerian society, where there are issues to which punishment is applicable, like forgery, negligence,
sexual and personal harassment, staff irresponsibility, insubordination, examination malpractice,
thuggery/cultism and drug abuse. Hence, everyone does as desired to the detriment of law and order, which in
turn brought educational system down to its knees, and consequently all sectors are collapsing since they only
be sustained with education as the instrument with which Nigeria aspire to achieve its national objectives.
Un code of conduct for law enforcement officialsZahidManiyar
This document outlines a code of conduct for law enforcement officials with the following key points:
1) Law enforcement officials must fulfill their duty to serve the community, protect all people from illegal acts, and respect human dignity and human rights.
2) Force may only be used when strictly necessary and to the extent required to perform their duties. Firearms should only be used as an extreme measure.
3) Law enforcement officials must not commit any acts of corruption or torture, or invoke superior orders to justify such acts. They must also secure medical attention for anyone in their custody.
This document provides information about correction and the correction process. It defines correction and describes it as the 4th pillar of the Philippine criminal justice system. It outlines the types of correction as institutional and non-institutional. It also discusses prisons and jails, noting that prisons are for sentences over 3 years while jails are for under 3 years. The document then covers the history and theories of punishment and penology. Finally, it outlines the Bureau of Jail Management and Penology's powers, functions, and operating manual regarding inmate commitment and discipline.
1. Explain in detail the stages in commission of a crime with decided cases.
2. Theories of Attempt.
3. Inchoate crime.
4. Distinguish between preparation and attempt.
5. Explain section 511 and 307 of IPC.
Corruption is eating India like a cancer. We can no longer ignore it with the hope that it will go away. We need to approach the problem ruthlessly & with a total commitment to eradicate corruption from our society, to make our Nation strong, proud and a world leader.
1) Criminal law notes discuss the principles of joint liability and common intention under Malaysian law.
2) For common intention to apply, there must be (1) a criminal act involving several persons, (2) a common intention between the parties, (3) participation in the criminal act, and (4) the act was done in furtherance of the common intention.
3) Common intention refers to the common design or plan to commit a criminal act, and does not require proof of intention for the specific crime charged. A person can be liable if the actual crime was consistent with or a foreseeable consequence of the common intention.
This document provides definitions and introductions to key concepts in criminal law, including vice, sin, tort, crime, mens rea, actus reus, and types of crimes. It also summarizes several important laws governing criminal justice in India such as the Indian Penal Code of 1860, the Criminal Procedure Code of 1973, the Indian Evidence Act of 1872, and the Constitution of India from 1949. The document outlines the chapters, sections, and subject matter covered by each law.
Human Rights of Indian Prisoners - Reality or FallacySuparno Saha
Human rights are inherent to all people regardless of attributes. In India, prisoners retain basic human rights except as restricted through legal processes. These include rights to food, safety from harm, and access to legal counsel. However, issues often arise in implementing prisoners' rights protections. Many under trials are detained for long periods, medical care is insufficient, and custodial abuse still occurs at times. While laws and courts aim to uphold prisoners' dignity and fair treatment, reforms are still needed in the prison system and among authorities.
This document discusses human rights, rule of law, and governance in Nigeria. It notes that while Nigeria's constitution aims to protect human rights, in practice governance has been hindered by dysfunctional relationships between branches of government that erode judicial autonomy and rule of law. Military regimes have also damaged governance. As a result, Nigeria has consistently witnessed abuse of human rights and lacked fundamental protections for its citizens, despite being a signatory to international agreements on human rights.
Criminal law prohibits harmful acts through statutes and common law. It aims to protect the public from harm by punishing crimes that have occurred and preventing future harms. For an act to be considered a crime, it must violate a criminal law, be intentional, and have a prescribed punishment. Crimes vary in severity from mala in se offenses that are inherently wrong to mala prohibita offenses that are crimes due to restrictions placed on them. Criminal law is subject to constitutional limitations and requirements of due process and prohibitions on things like ex post facto laws and cruel and unusual punishment.
The document discusses various concepts related to individual rights and liberties protected under a bill of rights. It defines different types of rights like natural rights, constitutional rights, and statutory rights. It also classifies constitutional rights into political rights, civil rights, social and economic rights, and rights of the accused. The document then discusses the concepts of due process of law, equal protection of laws, right against unreasonable searches and seizures, and right to privacy. It provides definitions and limitations for these key constitutional principles.
This document provides an overview of key concepts in Indian criminal law including the Indian Penal Code. It discusses provisions related to jurisdiction, offenses committed by public officials, and general explanations of terms like dishonestly, fraudulently, and intention. It also covers principles of penal law such as nulla poena sine lege and mens rea. Specific topics examined include burden of proof, terrorism laws, knowledge, negligence, and motive versus intention. The document provides case law examples to illustrate interpretations of these legal concepts.
The document provides an overview of criminal law and different types of crimes. It defines crime and discusses the sources and limitations of criminal law. It also examines the elements of criminal offenses like actus reus and mens rea. Finally, it categorizes different types of crimes such as crimes against persons, property, public order, and morality. Specific crimes discussed include homicide, assault, sexual offenses, burglary, arson, theft, and forgery.
This document discusses public order crimes and offenses against public tranquility from various perspectives. It defines public order crimes as violations that interfere with normal societal operations and go against shared social values, even if they do not have an identifiable victim. It notes that public order is derived from the concept of "order publique" and aims to maintain more than just ordinary law and order. Additionally, it discusses approaches like broken windows theory and collective efficacy that aim to promote public order and prevent more serious crimes by cracking down on minor offenses.
Functions, Roles and Duties of Police in GeneralPhani Mohan K
The document outlines the general roles, functions, and duties of the police. It discusses how police are expected to uphold the law impartially and protect citizens. The key responsibilities of police include maintaining law and order, preventing and investigating crimes, collecting intelligence, assisting the public, regulating traffic, and performing emergency response duties. Police are also responsible for enforcing various social laws and maintaining essential services as declared by the government. Senior officers can perform the duties of subordinate officers when necessary. In total, the document identifies 12 broad categories of police duties ranging from investigation to order maintenance to social legislation enforcement.
Islamic concept of crime & punishment and international Human Right LawEngr. Sumera
The core principles of the Islamic instruments that deal with the principles of criminal justification
have integrated the principles of Islamic Law into the protection of humans according to the principles of brotherhood, equality and justice, the core principles of those instruments that deal with the principles of criminal justification have integrated the principles of Islamic Law into the protection of humans according to the principles of brotherhood, equality and justice.
The Supreme Court analyzed two cases dealing with convictions under the Protection of Children from Sexual Offences (POCSO) Act, 2012. In both cases, the High Court had ignored POCSO provisions and convicted the accused of minor offenses under the Indian Penal Code. The Supreme Court held that Section 7 of POCSO does not require skin-to-skin contact and that any act done with sexual intent that involves physical contact can be considered sexual assault. The Court also discussed how Sections 29 and 30 of POCSO create mandatory presumptions around an accused's guilt and mental state that must be considered and can only be rebutted with clear evidence proving innocence beyond reasonable doubt.
The document provides an overview of criminal law in India, including definitions of crime, purposes of criminal law, and the history and development of the Indian Penal Code. It discusses how crime is defined by various legal scholars and how criminal law differs from civil law. It also summarizes the major legal systems - common law and civil law - that influenced criminal law in India. Lastly, it examines different theories of punishment in criminal law.
This document provides an overview of criminal law in India. It discusses key topics such as the definition of a crime, categories of crimes, elements of a crime including actus reus and mens rea, investigation and trial procedures outlined in the Code of Criminal Procedure, and special laws dealing with certain crimes. The three main sources of criminal law in India are identified as the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.
LLB LAW NOTES ON CRIMINOLOGY AND PENOLOGY
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document provides an overview of criminal law in India. It discusses:
1) The definition of crime according to various legal scholars and how it differs from civil wrongs.
2) The development and sources of criminal law in India, from ancient Hindu and Mohammedan systems to the current Indian Penal Code.
3) The fundamental elements of a crime, including mens rea (guilty mind) and actus reus (guilty act), and how these apply in Indian law.
4) Theories of punishment such as deterrence, retribution, and reformation, and how they influence the criminal justice system.
Philosophical Analysis of the Theories of Punishment in the Context of Nigeri...iosrjce
This review paper critically analyzed the theories of punishment in the context of Nigerian
educational system in analytic philosophical mode. Punishment being an ethical issue rendered philosophers
into debate which gave birth to the utilitarian and retributive theories, having common conception but different
reasons for punishment. However, it if is justified on ethical and religious grounds that it serves purposes of
retribution, reparation, rehabilitation/reformation, deterrence, protection, incapacitation, restoration,
condemnation and respect for divine laws. But in Nigeria today, irresponsibility, indiscipline, egocentrism and
misconception of “God” and religion give punishment the colour of crime with total disgust; all in the pretext of
forgiveness, mercy, magnanimity, kindness, patience and religiosity. This stand extends to educational system as
a subset of Nigerian society, where there are issues to which punishment is applicable, like forgery, negligence,
sexual and personal harassment, staff irresponsibility, insubordination, examination malpractice,
thuggery/cultism and drug abuse. Hence, everyone does as desired to the detriment of law and order, which in
turn brought educational system down to its knees, and consequently all sectors are collapsing since they only
be sustained with education as the instrument with which Nigeria aspire to achieve its national objectives.
Un code of conduct for law enforcement officialsZahidManiyar
This document outlines a code of conduct for law enforcement officials with the following key points:
1) Law enforcement officials must fulfill their duty to serve the community, protect all people from illegal acts, and respect human dignity and human rights.
2) Force may only be used when strictly necessary and to the extent required to perform their duties. Firearms should only be used as an extreme measure.
3) Law enforcement officials must not commit any acts of corruption or torture, or invoke superior orders to justify such acts. They must also secure medical attention for anyone in their custody.
This document provides information about correction and the correction process. It defines correction and describes it as the 4th pillar of the Philippine criminal justice system. It outlines the types of correction as institutional and non-institutional. It also discusses prisons and jails, noting that prisons are for sentences over 3 years while jails are for under 3 years. The document then covers the history and theories of punishment and penology. Finally, it outlines the Bureau of Jail Management and Penology's powers, functions, and operating manual regarding inmate commitment and discipline.
1. Explain in detail the stages in commission of a crime with decided cases.
2. Theories of Attempt.
3. Inchoate crime.
4. Distinguish between preparation and attempt.
5. Explain section 511 and 307 of IPC.
Corruption is eating India like a cancer. We can no longer ignore it with the hope that it will go away. We need to approach the problem ruthlessly & with a total commitment to eradicate corruption from our society, to make our Nation strong, proud and a world leader.
1) Criminal law notes discuss the principles of joint liability and common intention under Malaysian law.
2) For common intention to apply, there must be (1) a criminal act involving several persons, (2) a common intention between the parties, (3) participation in the criminal act, and (4) the act was done in furtherance of the common intention.
3) Common intention refers to the common design or plan to commit a criminal act, and does not require proof of intention for the specific crime charged. A person can be liable if the actual crime was consistent with or a foreseeable consequence of the common intention.
This document provides definitions and introductions to key concepts in criminal law, including vice, sin, tort, crime, mens rea, actus reus, and types of crimes. It also summarizes several important laws governing criminal justice in India such as the Indian Penal Code of 1860, the Criminal Procedure Code of 1973, the Indian Evidence Act of 1872, and the Constitution of India from 1949. The document outlines the chapters, sections, and subject matter covered by each law.
Human Rights of Indian Prisoners - Reality or FallacySuparno Saha
Human rights are inherent to all people regardless of attributes. In India, prisoners retain basic human rights except as restricted through legal processes. These include rights to food, safety from harm, and access to legal counsel. However, issues often arise in implementing prisoners' rights protections. Many under trials are detained for long periods, medical care is insufficient, and custodial abuse still occurs at times. While laws and courts aim to uphold prisoners' dignity and fair treatment, reforms are still needed in the prison system and among authorities.
This document discusses human rights, rule of law, and governance in Nigeria. It notes that while Nigeria's constitution aims to protect human rights, in practice governance has been hindered by dysfunctional relationships between branches of government that erode judicial autonomy and rule of law. Military regimes have also damaged governance. As a result, Nigeria has consistently witnessed abuse of human rights and lacked fundamental protections for its citizens, despite being a signatory to international agreements on human rights.
Criminal law prohibits harmful acts through statutes and common law. It aims to protect the public from harm by punishing crimes that have occurred and preventing future harms. For an act to be considered a crime, it must violate a criminal law, be intentional, and have a prescribed punishment. Crimes vary in severity from mala in se offenses that are inherently wrong to mala prohibita offenses that are crimes due to restrictions placed on them. Criminal law is subject to constitutional limitations and requirements of due process and prohibitions on things like ex post facto laws and cruel and unusual punishment.
The document discusses various concepts related to individual rights and liberties protected under a bill of rights. It defines different types of rights like natural rights, constitutional rights, and statutory rights. It also classifies constitutional rights into political rights, civil rights, social and economic rights, and rights of the accused. The document then discusses the concepts of due process of law, equal protection of laws, right against unreasonable searches and seizures, and right to privacy. It provides definitions and limitations for these key constitutional principles.
This document provides an overview of key concepts in Indian criminal law including the Indian Penal Code. It discusses provisions related to jurisdiction, offenses committed by public officials, and general explanations of terms like dishonestly, fraudulently, and intention. It also covers principles of penal law such as nulla poena sine lege and mens rea. Specific topics examined include burden of proof, terrorism laws, knowledge, negligence, and motive versus intention. The document provides case law examples to illustrate interpretations of these legal concepts.
The document provides an overview of criminal law and different types of crimes. It defines crime and discusses the sources and limitations of criminal law. It also examines the elements of criminal offenses like actus reus and mens rea. Finally, it categorizes different types of crimes such as crimes against persons, property, public order, and morality. Specific crimes discussed include homicide, assault, sexual offenses, burglary, arson, theft, and forgery.
This document discusses public order crimes and offenses against public tranquility from various perspectives. It defines public order crimes as violations that interfere with normal societal operations and go against shared social values, even if they do not have an identifiable victim. It notes that public order is derived from the concept of "order publique" and aims to maintain more than just ordinary law and order. Additionally, it discusses approaches like broken windows theory and collective efficacy that aim to promote public order and prevent more serious crimes by cracking down on minor offenses.
Functions, Roles and Duties of Police in GeneralPhani Mohan K
The document outlines the general roles, functions, and duties of the police. It discusses how police are expected to uphold the law impartially and protect citizens. The key responsibilities of police include maintaining law and order, preventing and investigating crimes, collecting intelligence, assisting the public, regulating traffic, and performing emergency response duties. Police are also responsible for enforcing various social laws and maintaining essential services as declared by the government. Senior officers can perform the duties of subordinate officers when necessary. In total, the document identifies 12 broad categories of police duties ranging from investigation to order maintenance to social legislation enforcement.
Islamic concept of crime & punishment and international Human Right LawEngr. Sumera
The core principles of the Islamic instruments that deal with the principles of criminal justification
have integrated the principles of Islamic Law into the protection of humans according to the principles of brotherhood, equality and justice, the core principles of those instruments that deal with the principles of criminal justification have integrated the principles of Islamic Law into the protection of humans according to the principles of brotherhood, equality and justice.
The Supreme Court analyzed two cases dealing with convictions under the Protection of Children from Sexual Offences (POCSO) Act, 2012. In both cases, the High Court had ignored POCSO provisions and convicted the accused of minor offenses under the Indian Penal Code. The Supreme Court held that Section 7 of POCSO does not require skin-to-skin contact and that any act done with sexual intent that involves physical contact can be considered sexual assault. The Court also discussed how Sections 29 and 30 of POCSO create mandatory presumptions around an accused's guilt and mental state that must be considered and can only be rebutted with clear evidence proving innocence beyond reasonable doubt.
Mens rea, or guilty mind, is a necessary element for criminal liability. It refers to the mental state or intention required for a crime. The general rule is that a crime requires both an act (actus reus) and a guilty mind (mens rea) to constitute an offense. However, there are some exceptions where strict liability crimes do not require intent. Mens rea takes different forms like intention, knowledge, recklessness, or negligence depending on the crime. It has evolved from early legal systems where liability was strict to modern standards that require assessing an individual's mental state.
This document summarizes key concepts related to elements of crimes and parties to crimes from the 7th edition of Scheb and Scheb's Criminal Law and Procedure textbook. It outlines the basic elements of a crime as actus reus (wrongful act) and mens rea (criminal intent). It also discusses actus reus requirements, when failure to act can constitute a criminal act, status as a criminal act, possession as a criminal act, mens rea requirements including general vs specific intent and the Model Penal Code approach. Finally, it briefly covers causation, strict liability offenses, statutory rape as a strict liability crime, and parties to crimes under common law and the modern American approach.
This document discusses several key concepts in criminology, including:
1) Criminology is the scientific study of crime and criminal behavior using interdisciplinary approaches including sociology, psychology, and other fields.
2) There are different perspectives on what constitutes a crime and how crime is defined, including consensus, conflict, and interactionist views.
3) Criminologists study various aspects of crime including developing theories of causation, examining criminal justice systems, analyzing crime data, and understanding criminal behavior.
4) There are ongoing debates around defining crime and how the criminal justice system operates.
The document discusses the aims of the criminal law from the perspective of constitution makers seeking to establish a durable social order. It notes that while deterring crimes is often seen as the main aim, rehabilitation, incapacitation, and satisfying a sense of justice also serve this end. The criminal law's aims are complex and multivalued rather than single-valued. The document also examines what defines the method of criminal law - its use of general prohibitions and requirements backed by sanctions - and notes this is similar to aspects of civil law as well. It questions proposed distinctions between civil wrongs and crimes.
Generally, criminal law are territorial in nature but due to rise of globalization and new forms of criminal activities, it is need to consider the other forms of criminal jurisdiction.
This document discusses several key concepts in criminology, including:
1) Criminology is the scientific study of crime and criminal behavior using interdisciplinary approaches including sociology, psychology, and other fields.
2) There are different perspectives on what constitutes a crime and how crime is defined, including consensus, conflict, and interactionist views.
3) Criminologists study various aspects of crime including developing theories of causation, examining criminal justice systems, analyzing crime data, and understanding criminal behavior.
4) There are ongoing debates around defining crime and how the criminal justice system operates.
Sale of immovable property vaibhav goyalVaibhav Goyal
The document discusses sale of immovable property under the Transfer of Property Act in India. It defines sale as the transfer of ownership in exchange for a price, which can be paid upfront or promised to be paid. For a sale to be valid, it must be made through a registered sale deed if the property is worth Rs. 100 or more, or delivered if worth less. The rights and liabilities of buyers and sellers are also outlined, such as the seller's duty to disclose defects and deliver possession, and the buyer's duty to pay the purchase price. Contracts of sale are distinguished from final sales as they only confer certain equitable rights until a sale deed is executed and registered.
Mortgage is French term which means ‘death contract’. The term death contract means that the pledge (promise, bailment, and guarantee) ends only when the loan is repaid, the obligation is fulfilled or when the borrower takes over and/or sells the collateral, the mortgaged property by way of foreclosure. According to the Bouvier’s Law Dictionary (8th) Edition, “Mortgage” is a conditional conveyance of land designed as a security for the payment of money, the fulfilment of some contract, or the performance of some act, and to be void upon such payment, fulfilment or performance. Mortgage works as a security of the loan amount. It is way to secure profit for the bank and/ financial institutions and it is the way of getting loans for the common people, builder and/or company, firm etc.
Legal rights (nature, characteristics and kinds)Vaibhav Goyal
In the case of State of Rajasthan vs. Union of India (1977), the Supreme Court defined legal right as, “In a strict sense, legal rights are correlatives of legal duties and are defined as interests which the law protects by imposing corresponding duties on others. But in a generic sense, the word “right” is used to mean an immunity from the legal power of another, immunity is exemption from the power of another in the same way as liberty is exemption from the right of another. Immunity, in short, is no subjection.”
Law according to the john austin vaibhav goyalVaibhav Goyal
John Austin is considered as the “Father of English Jurisprudence”. He is the founder of the Analytical school. He was greatly influenced by the scientific treatment of the Roman law and, therefore, he started scientific arrangement of the English law too. He applied the English method and avoided the metaphysical method which was prevalent in Germany and had German characteristics. Like Bentham, Austin believed that “law” is only an aggregate of individual laws. In his view, all laws are rules the majority of which regulate behaviour. These are either directives or those imposed by general opinion. A directive, whether general or particular, is the expression or intimation of your wish “that another shall do or forbear, issued in the form of a command”. Accordingly, a law in its most comprehensive signification is “rule laid down for the guidance of an intelligent being by an intelligent being having power over him”.
Judicial review of orders by president and governor vaibhav goyalVaibhav Goyal
Encyclopaedia defines “Judicial Review” as the power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void. Constitutional judicial review is usually considered to have begun with the assertion by John Marshall, fourth chief justice of the United States (1801–35), in Marbury v. Madison (1803) that the Supreme Court of the United States had the power to invalidate legislation enacted by Congress. Constitution of India itself provides some discretionary powers to the Governors. Sometime Governors’ do not exercise their discretionary powers judiciously. Here the role of the judiciary starts and many times judiciary has provided valuable guidelines for the Governors.
Fraudulent transfer of property (sec. 53 of tpa, 1882)Vaibhav Goyal
Section 53 of the Transfer of Property Act deals with fraudulent transfers of property made with the intent to defeat or delay creditors. A fraudulent transfer will be voidable at the option of any creditor defeated or delayed by such transfer. Case law has established several factors that may indicate a fraudulent transfer, including lack of consideration, insolvency of the transferor, and retention of benefits by the transferor. The scope of the section is broad and includes any transfer intended to delay creditors, even if not intended to defeat them entirely. For a transfer to be considered fraudulent under this section, there must be clear proof of intent to defraud or delay creditors.
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
The document discusses the conduct of arbitral proceedings under the Arbitration and Conciliation Act of 1996. It summarizes key sections of the Act related to equal treatment of parties, determination of procedures, place of arbitration, and commencement of proceedings. The arbitrator is not bound by strict rules of evidence or civil procedure, but must follow principles of natural justice. The parties have freedom to agree on procedures and location, or the arbitrator will determine based on convenience.
Conduct of arbitral proceeding part 2 vaibhav goyalVaibhav Goyal
Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
Implications of science and technology on law and society (Vaibhav Goyal)Vaibhav Goyal
Extolling the virtues of technology though is not very difficult yet its baneful effect on the legal norms has been unfortunate. Technology demands more, not less, human work to function. In controlling the catastrophic problems we are exposing ourselves to even more elusive chronic ones that are even harder to address our safety demands more and more vigilance.
Common but Differentiated Responsibilities and Respective Capabilities (CBDR–RC) is a principle in the UN Framework Convention on Climate Change that recognizes countries have different abilities and responsibilities to address climate change. The principle was established in the 1992 UNFCCC treaty and divides countries into Annex I (developed) and non-Annex I (developing) groups, with Annex I countries taking on a greater reduction role. However, debates have emerged over this division as some developing countries' emissions and capabilities have grown. While CBDR-RC remains important, later agreements have moved toward a more bottom-up approach where countries determine their own commitments according to their conditions and capabilities.
Ecotourism involves traveling to undisturbed natural areas to observe wildlife and landscapes while respecting the environment. The Constitution of India gives power to Parliament to enact laws protecting the environment and development of sectors like ecotourism. It also protects the rights of indigenous tribes living in scheduled areas. Several acts like the Forest Conservation Act, Wildlife Protection Act, and Environment Protection Act establish frameworks for conservation and regulate activities near coastal zones and forests to protect ecotourism. However, the large-scale mining, manufacturing, transportation, and disposal of electronic waste required to support digital technologies causes significant environmental degradation through pollution, energy use, and poor working conditions.
1) NGOs and environmental organizations can play an important role in supporting the government's efforts to tackle environmental issues like air and water pollution.
2) There are over 3 million NGOs in India, many of which focus on environmental protection. They help create awareness, apply pressure on polluting industries, and provide data to help develop policies.
3) NGOs can help fill gaps by conducting research, building institutional capacity, and encouraging sustainable lifestyles through public engagement.
Licensed innovation and plant assortment assurance impact financial advancement and access to innovations. The TRIPS Agreement tries to fortify worldwide licensed innovation assurance while the Biodiversity Treaty looks to ensure biodiversity and customary information. While worries over monocultures impacting biodiversity are valid, the real risk is noncompetitive practices rather than plant assortment assurance itself. If actualized appropriately, strong yet adaptable licensed innovation and plant assortment assurance could advance both preservation and maintainable utilization of biodiversity.
The document discusses the importance of protecting indigenous peoples' rights and cultural diversity. It notes that indigenous peoples account for much of the world's cultural and linguistic diversity, and live in many areas with high biological diversity. While the Earth Summit in 1992 recognized the important role of indigenous peoples in managing the environment, many nations still lack policies protecting indigenous land rights and participation in managing natural resources. The document advocates for stronger legal protections and inclusion of indigenous peoples in environmental conservation.
The document summarizes key concepts from the lecture:
1) The "polluter pays" principle requires that the costs of pollution be borne by those who cause it. It is usually implemented through command-and-control and market-based approaches like emissions taxes.
2) The precautionary principle justifies preventative measures to address potential risks to public health or the environment from activities, even when scientific evidence is uncertain. It has been incorporated into many international environmental agreements.
3) Strict liability holds an organization fully responsible for any harm caused, even without proof of negligence. This principle was applied by an Indian court to hold an organization accountable for a toxic gas leak that harmed local residents and the environment.
Coastal Regulation Zones (CRZ) regulate development near coastlines to protect fragile coastal ecosystems. The CRZ Rules were first implemented in 1991 and restrict activities like large developments, factories, waste storage, mining within 500 meters of the coast. The new CRZ Rules in 2021 classify rural coastal areas into two types based on population density, and establish no-development zones of 50 meters or 200 meters from the high tide line accordingly. Environmental Impact Assessments (EIAs) identify environmental, social and economic impacts of projects before approval. The EIA process involves screening, scoping, collecting baseline data, impact prediction, mitigation measures, public hearings, and monitoring project implementation.
Covid-19 has highlighted how pandemics pose one of the greatest dangers to humanity throughout history, with past pandemics resulting in far greater loss of life than wars or natural disasters. The global impact of the current pandemic and subsequent economic turmoil has captured worldwide attention. While the effects may be severe, they are likely temporary. As India recovers from the pandemic, it is important to return to sustainable development goals and create healthier urban areas, with a focus on green buildings and sustainable infrastructure to benefit vulnerable populations and strengthen overall well-being.
Common but Differentiated Responsibilities and Respective Capabilities (CBDR–RC) is a principle that countries have different responsibilities and capabilities to address climate change. It is recognized in the UNFCCC and divides countries into Annex I (developed) and non-Annex I (developing) groups, with Annex I countries taking on a greater mitigation role. However, over time tensions have emerged as some developing countries' emissions and capabilities have increased. More recent UNFCCC agreements have moved towards a more bottom-up approach where countries determine their own contributions, while still recognizing CBDR–RC and differences in national circumstances.
Green bonds are fixed-income instruments used to raise funds for environmental projects. They carry the same credit rating as other debt issued by the borrowing entity. Issuance of green bonds grew significantly from $2.6 billion in 2012 to over $100 billion in 2016, driven mainly by Chinese issuers. The World Bank is a major supporter of green bonds and has issued over $5.3 billion between 2014-2018 in the US and over 2.7 billion rupees in India. A green building is one that minimizes negative environmental impacts through its design, construction, and operation, such as efficient energy and resource use, pollution reduction, and use of sustainable materials. Energy efficiency aims to reduce energy usage by using less
The document summarizes the tragedy of the commons, which occurs when individuals acting in their own self-interest consume a shared limited resource, ultimately depleting it. This happens because there is competition for the resource but no way to prevent overconsumption. Three examples are given: overfishing of cod leading to the collapse of the Newfoundland fishery, overhunting causing the extinction of the dodo bird, and in general the depletion of any common pool resource when no institutions are in place to regulate consumption.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
1. CRIME
“Crime is what society says is crime by establishing that an act is a violation of criminal law”
-Terence Morris
INTRODUCTION
The law of crimes as old as the civilisation itself. The crime and the criminal in every society
is looked with great hatred, but the study of the crimes and discovering the causes of crimes
have remain the greatest attraction among the jurists of the jurisprudence. There always lies
necessity of devising some ways and methods to curb such criminal tendencies among the
section of the people living in the civilised society. The problem arises as to what acts should
be forbidden, or what acts should be selected for punishment by the society or the State. The
concept of the crime has been always been dependent on the public opinion.
As, H.J. Klare remarked in his book ‘Changing Concepts of Crime and its Treatment’ that,
“Law is determined by the political process and accords with what most people recognise as
the minimum standards prevailing. The definition of the criminal is also part of the process
and the rejection of law by offenders is a form of protest of which they may be dimly aware”.
Any deviation from the standards of behaviour fixed by the society is punished and such
conduct doesn’t accord with the prescribed standard which is loosely known as crime.
Stephen in his book ‘General View of Criminal Law of England’ said that, “Crime is said to
be an act which is both forbidden by law and against the moral sentiments if the society”.
Murder, robbery, kidnapping, rape, rioting, counterfeiting of currency, involvement in terrorist
organisations, etc. are the acts which the society doesn’t approve and that are termed as the
crime. Societies which are the followers of the jihad and engage in the terrorist activities and
other immoral acts doesn’t consider these as wrong ones and thus, don’t treat as crime. This
classification can only be valid in the societies where civilised people live and proper law is
laid down on the humanitarian grounds by the application of sound principles of natural justice
and the law of the land. Thus, society plays a very important role in the categorisation of the
law and of the crimes which should be followed at all costs but with the rider of application of
the sound mind.
But, sometimes, in genuine in civil acts too, the definition changes according to the land. For
example, in case of the personal law, people of every religion wants to follow the law for their
marriages, divorce, etc. according to their own customs. But, sometimes the law enforcement
2. agencies are successful in curbing down some wrong practices prevailing in the society and
sometimes not. Take an illustration of the Muslim Law and the Hindu Law. In case of Hindu
customs, in the ancient times, the immoral practises involved the practise of Sati, Johar, widow
non- marriage, dowry etc. In case of Muslim Law, the practise deals with the Polygamy,
temporary marriage, etc. But the Britishers tried too much of the extent to curb it all and are
successful to some extent. Because, every time, the law can’t be enforced on the basis of the
fear of the punishment and for its permanent sanction, it need acceptance among the member
of the society.
DEFINITION
Bentham defined Crime as, “offences are whatever the legislature has banned/prohibited for
good or for bad reasons. If the question relates to a theoretical research for the discovery of
the best possible laws according to the principles of utility, we give thename of offence toevery
act which we think ought to be prohibited by reasons of some evil which it produces or tends
to produce.” Blackstone in his commentaries on the Law of the England has defined Crime as
“an act committed or omitted in violation of a Public Law either forbidding or commanding
it.” Stephen has suggested a modification in the Blackstone’s version of definition on Crime
and states that, “A crime is a violation of a right, considered in reference to the evil tendency
of such violation as regards the community at large.” Austin posits that, “A wrong which is
pursued at the discretion of the injured party and his representatives is a civil injury; a wrong
which is pursued by the sovereign or his subordinates is a crime.”
ELEMENTS OF CRIME
The Chief elements necessary to constitute a crime are:
A human being under a legal obligation to act in a particular way and a fit subject for
the infliction of appropriate punishment;
An evil intent on the part of such a human being;
An act committed or omitted in, furtherance of such an intent;
An injury to another human being or to society at large by such act
The act must have been done by a human being before it can constitute a crime punishable at
law. In the ancient legal institutions of punishment being inflicted on animals or inanimate
objects for injury caused by them. It changed gradually with the mature thinking of the people.
The right of punishment was taken away from the individuals and was transferred to the society.
3. The society undertook to do everything for the individual what he far so far doing for himself.
It is a matter of pride that the ancient Hindu criminal jurisprudence did not provide for the trial
and punishment of animals and inanimate objects. They presumed that the offender must be a
human being who must have developed maturity of understanding to know the nature of the
act of which he is held liable. Therefore, only a human being is under an obligation and capable
of being punished can be the proper subject of criminal law. Corporations and other artificial
persons known to modern jurisprudence are not capable of being punished, for appropriate
punishment means both pecuniary and bodily punishment and the latter cannot be inflicted
upon artificial persons.
MENS REA
It is one of the principles of the English criminal law that a crime is not committed if the mind
of person doing the act in question is innocent. It is said that actus non facit reum, nisi mens sit
rea (the intent and act must both concur to constitute the crime). Although, prima facie and as
a general rule, there must be a mind at fault before there can be a crime, it is not an inflexible
rule, and a statute may relate to such a subject-matter an may be so framed as to make an act
criminal whether there has been any intention to break the law or otherwise to do wrong or not.
In Sherras vs. De Rutzen (1895), the doctrine followed by court states that mens rea is an
essential ingredient of every offence, except in three cases:
Cases not criminal in any real sense but which in the public interest are prohibited under
a penalty, e.g. Revenue acts
Public Nuisance
Cases criminal in form but which are really only a summary mode of enforcing a civil
right.
The maxim actus non facit reum, nisi mens sit rea has, however, no application to the offences
under the penal code in its purely technical sense, because the definitions of various offences
contain expressly propositions as to the state of mind of the accused. The definitions state
whether the act must have been done “intentionally”, “voluntarily”, “knowingly”,
“dishonestly”, or “fraudulently”, or the like. Every ingredient of the offence is stated in the
definitions. So, mens rea will mean one thing or another according to the particular offence.
The guilty mind may thus be a fraudulent mind, dishonest mind, negligent or rash mind. Every
offence under the code virtually imports the idea of criminal intent or mens rea in some form
4. or other. If, in any case, the Indian legislature has omitted to prescribe a particular mental
condition, the presumption is that the omission is intentional. In such, the doctrine of mens rea
is not applicable.
KNOWLEDGE
Where knowledge of fact is an essential ingredient of offence, it must be distinctly proved.
There are certain offences in the penal code where the accused who commits those offences is
punished irrespective of the fact whether he had knowledge or not. Where a particular act is
forbidden, the question of knowledge become immaterial.
INNOCENCE
The law presumes innocence until guilt is proved. The onus of proving everything essential to
the establishment of the charge against the accused lies upon the prosecution. Every man is to
be regarded as legally innocent until the contrary be proved. Criminality is therefore, never to
be presumed. The evidence must be such as to exclude, to a moral certainly, every reasonable
doubt regarding the guilt of the accused. If there be any reasonable doubt about the guilt of the
accused, he is entitled as of right to be acquitted.
The proof of guilt must depend upon positive affirmation, and can’t be inferred from mere
absence of explanation. The prosecution can’t be permitted to take advantage of the weakness
of the defence case. The case for the prosecution has to be proved beyond all shadows of the
defence case de hors this weakness. In the case of Brij Bhushan Singh vs. Emp. (1946), the
Privy Council has affirmed that suspicion however strong, is not proof.
INTENTION
“Criminal Intention” simply means the purpose or the design of doing an act forbidden by the
criminal law without just cause or excuse. The intention of the accused to produce a particular
consequence shows his intention to do that act. An act is intentional if it exists in idea before it
exits in fact, the idea realising itself in the fact because of the desire by which it is accompanied.
The word “Intent” doesn’t used as synonym for “motive”. As a general rule, every san man is
presumed to intend the necessary or the natural and probably consequences of his act, and this
presumption of law will prevail unless from a consideration of all the evidence the court
entertains a reasonable doubt whether such intention existed.
5. MOTIVE
If a man knows that a certain consequence will follows from his act, it must be presumed in
law that he intended that consequence to take place although he may have had some quiet
different ulterior motive for performing the act. The motive for the act is not a sufficient test to
determine its criminal character. By motive is meant anything that can contribute to, give birth
to, or even to prevent, any kind of action. An act which is unlawful can’t in law, be excused on
the ground that it was committed from a good motive.
MISTAKE OF LAW
The maxim ignorantia juris non excusat, ignorance of law excuses no one, in its application to
the criminal offences, admits of no exception, not even in the case of a foreigner who can’t
reasonably be supposed in fact to know the law of the land. It is indeed a legal fiction to suppose
that everyone knows the law of the land but it a fiction which is so basic that without it the
administration of criminal justice would come to a standstill.
ACTUS REA
Actus Reus is the Latin term used to describe a criminal act. Actus Reus is commonly defined
as a criminal act that was the result of voluntary bodily movement. This describes a physical
activity that harms another person or damages property. Anything from a physical assault or
murder to the destruction of public property would qualify as an actus Reus.
The exception to actus Reus is when the criminal actions are involuntary. This includes acts
that occur as a result of a spasm or convulsion, any movement made while a person is asleep
or unconscious, or activities participated in while an individual is under a hypnotic trance. In
these scenarios a criminal deed may be done, but it is not intentional and the responsible person
will not even know about it until after the fact.
STAGES IN THE COMMISSION OF AN OFFENCE
The Indian Penal Code, like other penal laws, recognises that a pre-planned crime invariably
goes through the four successive stages, namely:
Intention to commit an offence
Preparation to commit it
Attempt to commit it
The commission of the offence
6. The IPC exempts the first stage from criminal liability. It doesn’t attach any culpability to a
mere mental determination or desire to commit a crime, howsoever evil it may be. A mere
intention to commit an offence, not followed by an act, doesn’t constitute an offence under the
Penal Code. However, the IPC punishes preparations to commit a few serious offences which
are as follows:
Preparations made for waging war against the government of India (Section 122 IPC)
Preparations made for committing depredations on territories of any power in alliance
or at peace with the Government of India (Section 126 IPC)
Making or selling or being in possession of instruments for counterfeiting coins or
government stamps (Section 233-235 and 257)
Possessing counterfeit coins, government stamps, false weight, or measures (Section
242, 243, 259 and 266)
Preparations made for committing dacoity (Section 399)
Criminalisation of these preparations is plausibly justified on the need to nip grave offences in
the bud and thereby to arrest criminality at incipient stages only. The reason not punishing the
first two stages is that they are considered too remote to the completion of the intended crime.
They are perceived as harmless acts.
As had been stated in the case of Kailash Chandra Pareek vs. State of Assam (2003), that an
attempt to commit an offence is made punishable as it takes the perpetrator very close to the
contemplated crime. In the case of Sagayam vs. State of Karnatka (2000), the Supreme Court
held that if the attempt succeeds, the culprit has committed the offence; if it fails due to reasons
beyond his control, he is said to have attempted to commit the offence. In the case of Koppula
Venkat Rao vs. State of Andhra Pradesh (2004), the Supreme Court said that it doesn’t take a
mere ‘will to commit an offence’ for the deed, unless there is some external act that exhibits
some progress in the direction of, or towards maturing and effecting, the contemplated crime.
In the case of State of Madhya Pradesh vs. Babulal (1960), the court said that there is a greater
degree of determination in attempt as compared with preparation.
REFERENCES:
The Indian Penal Code, 1860 – K.D. Gaur, Universal Law Publishing Co. Pvt. Ltd,
2016
7. The Indian Penal Code, 1860 – Rattan Lal and Dhiraj Lal, Lexis Nexis Butterworths
Wadhwa, 2017
Indian Penal Code, 1860 – S.N. Mishra, Central Law Publication Company, 2017
Essay on Indian Penal Code, 1860 – K.N. Chandrashekhar, Pillai, Universal Law
Publication, 2017
AUTHOR
Vaibhav Goyal is a 3rd year BA.LLB (H) student of Panjab University.