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.

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.

24. RETRIBUTIVE THEORYRETRIBUTIVE THEORY
 No Moral ConsiderationNo Moral Consideration
 Punishment is an end in itself.Punishment is an end in itself.
 Retributive is impartial and neutralRetributive is impartial and neutral
 Jessica Lal Murder case –Manu Sharma –Jessica Lal Murder case –Manu Sharma –
accused-Open Bar-Delhi High Courtaccused-Open Bar-Delhi High Court

25. PREVENTIVE THEORYPREVENTIVE THEORY
 Preventive philosophy is the best mode of
punishment because it serves as effective
deterrent and also useful preventive measures..

26. REFORMATIVE THEORYREFORMATIVE THEORY
 ProbationProbation
 ParoleParole
 Suspended SentencesSuspended Sentences
 Uneducated and Unskilled in PrisonUneducated and Unskilled in Prison

27. COMPENSATORT THEORYCOMPENSATORT THEORY
 United Nations General Assembly,1985
 Satisfactory Remedies
 Section of 357(1) of Criminal Procedure Code
1973 (CrPC) empowers court to grant amount
to victim of the offence out of fine imposed as
part of the sentence. Under section 357(3) of
CrPC, court may nevertheless order accused
person to pay a certain sumof compensation to
victim where no fine is imposed as part of
sentence.

28. CLASSICAL THEORYCLASSICAL THEORY
 Good and BadGood and Bad
 Man is regarded as a moral creature whoMan is regarded as a moral creature who
understands right from wrong.understands right from wrong.
 In case of committing offences , he must beIn case of committing offences , he must be
prepared to accept the punishment also.prepared to accept the punishment also.

29. POSITIVE THEORYPOSITIVE THEORY
 CircumstancesCircumstances
 Against his willAgainst his will
 Offender is regarded as socially sick who needsOffender is regarded as socially sick who needs
treatment , not punishment.treatment , not punishment.
 In 1764, criminologist Cesare Beccaria wroteIn 1764, criminologist Cesare Beccaria wrote
An Essay on Crimes and PunishmentsAn Essay on Crimes and Punishments, which set, which set
forth classical criminological theory.forth classical criminological theory.

30. ECLECTIC THEORYECLECTIC THEORY
 It combines both classical and positive thinkingIt combines both classical and positive thinking
 Law is more compassionateLaw is more compassionate
 Classical-DeathClassical-Death

31. REALITYREALITY
 Crime is a part of human nature.Crime is a part of human nature.
 Crime is based onCrime is based on
biological,Psychological,sociological andbiological,Psychological,sociological and
economic aspects.economic aspects.

32. FUNDAMENTAL ELEMENTSFUNDAMENTAL ELEMENTS
OF CRIMEOF CRIME
 HUMAN BEINGHUMAN BEING
 MENS REA-Guilty IntentionMENS REA-Guilty Intention
 ACTUS REUS- Illegal Act or OmissionACTUS REUS- Illegal Act or Omission
 Injury to another human beingInjury to another human being

33. FUNDAMENTAL ELEMENTSFUNDAMENTAL ELEMENTS
OF CRIMEOF CRIME
 Sec.11 of Indian Penal Code-PersonSec.11 of Indian Penal Code-Person
 It includes a company or association or body ofIt includes a company or association or body of
person whether incorporated or not.person whether incorporated or not.
 Actus non facit reum nisi mens sit rea-GuiltyActus non facit reum nisi mens sit rea-Guilty
Intention and act together constitute a crime.Intention and act together constitute a crime.
 Sec.44 of Indian Penal Code-The Injury shouldSec.44 of Indian Penal Code-The Injury should
be illegally caused to any person in body, orbe illegally caused to any person in body, or
mind, reputation or property.mind, reputation or property.

34. STAGES OF CRIMESTAGES OF CRIME
 1.Intention-mere intention no ground1.Intention-mere intention no ground
 2.Preparation-Sec.122.Preparation to wage war2.Preparation-Sec.122.Preparation to wage war
against government.Lifeagainst government.Life
 Sec.399.Preparation to commit dacoity.10 YearsSec.399.Preparation to commit dacoity.10 Years
 Sec.233.Preparation for counterfeiting coins-Sec.233.Preparation for counterfeiting coins-
3years3years

35. STAGES OF CRIMESTAGES OF CRIME
 3.Attempt-Attempt to commit an offence and3.Attempt-Attempt to commit an offence and
commission of specific offences have been dealtcommission of specific offences have been dealt
with separately.with separately.
 Sec.307.Attempt to commit murder.10 years.Sec.307.Attempt to commit murder.10 years.
 Sec.308.Attempt to commit culpable homicide.3Sec.308.Attempt to commit culpable homicide.3
years.7 years also exceptional circumstances.years.7 years also exceptional circumstances.
 Sec.393.Attempt to commit robbery.7 years.Sec.393.Attempt to commit robbery.7 years.
 Sec.309.Attempt to commit suicide.1 year.Sec.309.Attempt to commit suicide.1 year.

36. STAGES OF CRIMESTAGES OF CRIME
 4.Accomplishment or completion-4.Accomplishment or completion-
 If he succeeded , he will be guilty of theIf he succeeded , he will be guilty of the
complete offence and if his attempt iscomplete offence and if his attempt is
unsuccessful he will be guilty of an attempt only.unsuccessful he will be guilty of an attempt only.

37. SOURCES OF CRIMINAL LAWSOURCES OF CRIMINAL LAW
 Constitutional LawConstitutional Law
 Statutory LawStatutory Law
 Administrative LawAdministrative Law
 Case Laws-Law Made by Court decisions basedCase Laws-Law Made by Court decisions based
on their interpretations of the other lawson their interpretations of the other laws

38. ACTUS REUSACTUS REUS
 External Circumstances and Physical act.External Circumstances and Physical act.
 Act does not make person guilty unless mind isAct does not make person guilty unless mind is
also guilty.also guilty.
 Secs. 441-462.Criminal Tresspass-PlaceSecs. 441-462.Criminal Tresspass-Place
 Secs.359-374,IPC-Kidnapping , Abduction andSecs.359-374,IPC-Kidnapping , Abduction and
Procuring of a minor girl-Person.Procuring of a minor girl-Person.
 In the offence of rape, consent is the actus reus.In the offence of rape, consent is the actus reus.

40. Causation and NegligenceCausation and Negligence
 Conduct of the person was negligent.Conduct of the person was negligent.
 Suleman Rahiman Mulani v State ofSuleman Rahiman Mulani v State of
Maharashtra,AIR 1968 SC 829Maharashtra,AIR 1968 SC 829
 Accused was driving a jeep struck the deceased.Accused was driving a jeep struck the deceased.
 Sections.304 A and 201 of IPC.Sections.304 A and 201 of IPC.
 No evidenceNo evidence

42. Causation and NegligenceCausation and Negligence
 Minimal casuationMinimal casuation
 Medical treatmentMedical treatment
 Moti Singh v. State of Uttrapradesh,AIR 1964Moti Singh v. State of Uttrapradesh,AIR 1964
SC 900.SC 900.
 The deceased Gayacharan had received twoThe deceased Gayacharan had received two
gunshot wounds in the abdomen which weregunshot wounds in the abdomen which were
dangerous to life but he discharged fromdangerous to life but he discharged from
hospital and lated died. Cause of death.hospital and lated died. Cause of death.
 Benefit of doubt.Benefit of doubt.

44. Principle of Ordinary HazardPrinciple of Ordinary Hazard
 LightningLightning
 Jumped in to waterJumped in to water
 Attack and took him to hospital by ambulanceAttack and took him to hospital by ambulance
 Geographical position and feverGeographical position and fever

45. Principle of Reasonable ForesightPrinciple of Reasonable Foresight
 Secs.300(3) (4) of IPCSecs.300(3) (4) of IPC
 First to establish the death , grievous hurt orFirst to establish the death , grievous hurt or
whatever the offence that is to be established iswhatever the offence that is to be established is
the natural consequences of the act of thethe natural consequences of the act of the
offender.offender.
 It has to be established that any reasonable manIt has to be established that any reasonable man
would be able to foresee that the death ,grievouswould be able to foresee that the death ,grievous
injury,etc,is likely to be the natural consequenceinjury,etc,is likely to be the natural consequence
of his act.of his act.

46. Unexpected InterventionsUnexpected Interventions
 Gravity of Culpability depending on the factGravity of Culpability depending on the fact
and circumstances of the case.and circumstances of the case.
 Poisoned Apple with intention to kill his wife.Poisoned Apple with intention to kill his wife.
 Cleaning gun intention to kill but gun goes offCleaning gun intention to kill but gun goes off
accidentally and kill.accidentally and kill.
 Joginder Singh v State of Punjab, AIR 1979 SCJoginder Singh v State of Punjab, AIR 1979 SC
18761876
 deceased teased sister of accused and accuseddeceased teased sister of accused and accused
chased him but jumbed into well resulted inchased him but jumbed into well resulted in
death.death.

48. Intervention of an InnocentIntervention of an Innocent
PersonPerson
 A person will be held fully responsible if he hadA person will be held fully responsible if he had
made use of an innocent agent commit crime.made use of an innocent agent commit crime.
 A secretely puts poison into a drink which heA secretely puts poison into a drink which he
knows or expects B will offer to C.knows or expects B will offer to C.
 R v Hilton,1838 2 Lew 214-Steam engine issueR v Hilton,1838 2 Lew 214-Steam engine issue
 R v Horsey, (1862) 3 F 287- The accused setR v Horsey, (1862) 3 F 287- The accused set
fire to a stack of straw and the deceased wasfire to a stack of straw and the deceased was
found burnt in another portion of the stack, thefound burnt in another portion of the stack, the
accused was set free.accused was set free.

49. Contributory NegligenceContributory Negligence
 The doctrine of Contributory negligence of theThe doctrine of Contributory negligence of the
victim has no place in criminal law.victim has no place in criminal law.
 Victim has contributed to the injury caused byVictim has contributed to the injury caused by
his own negligencehis own negligence
 Secs.279 and 304 A of IPCSecs.279 and 304 A of IPC
 Crossing in highwayCrossing in highway