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.

1. LAW OF CRIMESLAW OF CRIMES
ByBy
Dr.P.R.L.RAJAVENKATESANDr.P.R.L.RAJAVENKATESAN
Assistant Professor(Senior)Assistant Professor(Senior)
VIT Law SchoolVIT Law School
ChennaiChennai

2. IntroductionIntroduction
A System of Law concerned with the punishment of
offenders. The term criminal law generally refers to
substantive criminals laws. Substantive Criminal laws
define crimes and may establish punishments.

3. CRIMECRIME
It is very difficult to give correct and precise definition
of crime.
Lord Atkin-Crime is an act or omission in respect of
which legal punishment is inflicted on the person who is
in default either by acting or omitting to act and criminal
law relates to crimes and their punishment.

4. CRIMECRIME
Sir William Blackstone-Any act committed or omitted in
violation of public law forbidding or commanding it.
Crime is a violation of public rights and duties due to
the whole community considered as community.

5. CRIMECRIME
John Austin- A Wrong which is pursued by the
sovereign or his subordinates is a crime.

6. CRIMECRIME
Professor Kenny- Crimes are wrongs whose sanction is
punitive and is in no way remissible by any private
person, but is remission by the crown alone, if remissible
at all.

7. CRIMECRIME
Professor Goodhart- Any act which is punishable by
the state.
Protection of the public welfare rather than the support
of private interests –Which is the dominant purpose of
this branch of the law.

8. CRIMECRIME
Halsbury’s Laws of England- A crime is an unlawful act
or default which is an offence against public and renders
the person guilty of the act or default liable to legal
punishment.

9. CRIMINAL AND CIVILCRIMINAL AND CIVIL
1.Criminal law is only small part of the entire legal fields.
2. Crimes differs from civil wrongs.
3.Crimes-State
4.Civil-Individual
5. Crime is a public wrong, whereas a civil wrong is a
private in nature.

10. LAW SYSTEMSLAW SYSTEMS
1. Common Law-its began as a result of the habit of the
individuals and the custom of groups. England.
2.Civil Law- Laws were written and codified by the
rulers of the State. Roman Empire

11. PURPOSEPURPOSE
OF CRIMINAL LAWOF CRIMINAL LAW
 It attempts to Control human behaviorIt attempts to Control human behavior
 Criminal Law is an offspring of personalCriminal Law is an offspring of personal
vendettavendetta
 Punishment for violators.Punishment for violators.

12. DEVELOPMENT OFDEVELOPMENT OF
CRIMINAL LAWCRIMINAL LAW
The Code of Hammurabi,circa 2100 BC codified the
rules- “An eye for an eye”. Defenses such as insanity,
justification, excuses, intoxication and infancy were not
considered.

13. HINDU SYSTEMHINDU SYSTEM
1.Arthasastra,Manu Smriti and Yajnavalkya.
2.Manu-Ordinances relating to law and it stated about
the duties of the kings.
3. Dharma
4.Yajnavalkya-Based on age and strength and wealth of
the accused –consideration of the nature of the offence.

14. MOHAMMEDAN SYSTEMMOHAMMEDAN SYSTEM
 It is originated from the Holy Koran
 Mughal Rule-Supplanted ancient Hindu Penal
Law.
 Sunni Mohammedans
 Theft-Hands were cut off
 Stoning –for illegal relationship
 Dearth sentence for affair with women other
than his wife.

15. BRITISH RULEBRITISH RULE
 Regulation Act,1773-New Courts set up.
 Lord Cornwallis judicial regulations-Zilla Court.
 Bombay Code-1827

16. HISTORY OF IPCHISTORY OF IPC
 The Charter Act of 1833 provided for the
appointment of a law member to the Council of
the Governor General.
 Thomas Babington Macaulay was appointed as
law member on the council and assumed charge
on 27 June 1834.

17. HISTORY OF IPCHISTORY OF IPC
 On 14 October 1837, the Law Commission
submitted the printed Draft Penal Code to Lord
Auckland, the then Governor General in
Council.
 The Draft Code was revised clause by clause by
the Commissioners, Charles Hay Cameron and
D Elliot, who submitted their first report on 23
July 1846.These commissioners submitted the
second and concluding report on 24 June 1847.

18. HISTORY OF IPCHISTORY OF IPC
 The Draft Penal Code was then in 1851
referred to the judges of the Supreme Court of
the three presidencies , the advocate general of
Madras and other judges and jurists for their
opinion.
 The revised penal code was read for the first
time in the legislative council on 28th
December
1856.

19. HISTORY OF IPCHISTORY OF IPC
 The Indian Penal Code published in the
Calcutta Supplementary Gazette on 21, 24 and
28 January 1857.
 It was then passed by the Legislative Council of
India, and received assent of the Governor-
General –in-Council on 6 October 1860. It was
scheduled to come into force on 1 May 1861.

20. HISTORY OF IPCHISTORY OF IPC
 Indian Penal Code ,1860 amended sparingly.
 Only three chapters, namely, offences relating
to criminal conspiracy, election and cruelty to
married women, have been added to its original
23 chapters.

21. PUNISHMENTPUNISHMENT
 According to Jeremy Bentham punishment is
evil in the form of remedy which operates by
fear.
 Johan Finnish has said that delinquent behavior
of a person needs to be taught lesson not with
melody but with iron hand.

22. THEORIES OFTHEORIES OF
PUNISHMENTPUNISHMENT
 DETERRENT THEORYDETERRENT THEORY
 RETREBUTIVE THEORYRETREBUTIVE THEORY
 PREVENTIVE THEORYPREVENTIVE THEORY
 REFORMATIVE THEORYREFORMATIVE THEORY

23. DETERRENT THEORYDETERRENT THEORY
 Bentham treats the committed offences as an
act of past, that should be used as opportunity
of punishing the offenders in such a way that the
future offences could be prevented.
 The number of crimes committed aftermath
Indira Gandhi assassination. Same thing
happened in Gujarat when the Godhra incidence
took communal shape which led to break down
of law and order.