indian law ppt.pptx

Law
By: AKHILESH KUMAR
SEMESTER 1
MTECH(CS)
National Forensic Science University

• Law
The system of Rules defining
correct procedure or behavior
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Almost everything we do is governed by some set of
rules.
E.g. Games
Some rules that are made by the legislatures; (Lok
Sabha/ Rajya Sabha or Vidhan Sabha): “Laws”.
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Constitution is the supreme legal document of the
land.
Contains laws concerning the government and its
relations with the people.
All other laws have to conform to the Constitution.
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TYPES OF CRIME
 Crimes can be divided into several (overlapping) categories: computer
offences, crimes against persons, crimes against property, crimes against
state security, drug offences, sexual offences, and weapon offences.
1. Arson 9. Hacking
2. Assault 10. Murder
3. Blackmail 11. Motor Vehicle Theft
4. Burglary 12. Robbery
5. Child sexual abuse 13. Kidnapping
6. Domestic violence 14. Plagiarism
7. Forgery
8. Rape

Criminal law deals with acts of intentional harm to
individuals: breaking into someone's home
Civil law deals with disputes between private
parties, or negligent acts that cause harm to society:
companies disagree over the terms of their
agreement
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6 Criminal and Civil laws

IPC and CrPC
Indian Penal Code
 Punishments or penalty or both
Criminal Procedure Code
 Procedure which is to be followed while undertaking
a criminal case
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Offences against persons
Section 299 IPC : Culpable homicide
 Whoever causes death by doing an act with the intention of causing
death, or with the intention of causing such bodily injury as is likely
to cause death, or with the knowledge that he is likely by such act
to cause death, commits the offence of culpable homicide.
 Illustrations:
 A lays sticks and turf over a pit, with the intention of thereby
causing death, or with the knowledge that death is likely to be
thereby caused. Z believing the ground to be firm, treads on it, falls
in and is killed. A has committed the offence of culpable homicide.
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Section 300 IPC : Murder
 Except in the cases hereinafter excepted, culpable homicide is
murder, if the act by which the death is caused is done with
 the intention of causing death. or
 Secondly- If it is done with the intention of causing such bodily injury
as the offender knows to be likely to cause the death of the person to
whom the harm is caused. or
 Thirdly- If it is done with the intention of causing bodily injury to any
person and the bodily injury intended to be inflicted is sufficient in
the ordinary course of nature to cause death. or
 Fourthly - If the person committing the act knows that it is so
imminently dangerous that it must, in all probability, cause death or
such bodily injury as is likely to cause death, and commits such act
without any excuse for incurring the risk of causing death or such
injury as aforesaid.
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Section 302: Punishment for murder
Whoever commits murder shall be punished with death,
or imprisonment for life, and shall also be liable to fine.
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Section 304B: Dowry death
 Where the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage
and it is shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for, or in connection
with, any demand for dowry, such death shall be called "dowry death", and
such husband or relative shall be deemed to have caused her death.
 Whoever commits dowry death shall be punished with imprisonment for a term
which shall not be less than seven years but which may extend to imprisonment
for life.
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Section 306: Abetment of suicide
If any person commits suicide, whoever abets the commission of
such suicide, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also
be liable to fine.
Section 319. Hurt
Whoever causes bodily pain, disease or infirmity to any person is
said to cause hurt.
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Section 320. Grievous hurt
 The following kinds of hurt only are designated as "grievous":-
 First- Emasculation.
 Secondly- Permanent privation of the sight of either eye.
 Thirdly- Permanent privation of the hearing of either ear,
 Fourthly- Privation of any member or joint.
 Fifthly- Destruction or permanent impairing of the powers of any member
or joint.
 Sixthly- Permanent disfiguration of the head or face.
 Seventhly- Fracture or dislocation of a bone or tooth.
 Eighthly- Any hurt which endangers life or which causes the sufferer to be
during the space of twenty days in severe bodily pain, or unable to follow his
ordinary pursuits.
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Section 326 : Voluntarily causing
grievous hurt by dangerous weapons
or means -
 Whoever, voluntarily causes grievous hurt by means of any instrument for
shooting, stabbing or cutting, or any instrument which, used as a weapon of
offence, is likely to cause death, or by means of fire or any heated substance,
or by means of any poison or any corrosive substance, or by means of any
explosive substance, or by means of any substance which it is deleterious to
the human body to inhale, to swallow, or to receive into the blood, or by
means of any animal, shall be punished with [imprisonment for life], or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
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Section 340: Wrongful confinement
 Whoever wrongfully restrains any person in such a manner as to prevent
that person from proceedings beyond certain circumscribing limits, is said
"wrongfully to confine" that person.
 Illustrations: A causes Z to go within a walled space, and locks Z in. A is thus
prevented from proceeding in any direction beyond the circumscribing line
of wall. A wrongfully confines Z.
Section 351: Assault
 Whoever makes any gesture, or any preparation intending or knowing. it to
be likely that such gesture or preparation will cause any person present to
apprehend that he who makes that gesture or preparation is about to use
criminal force to that person, is said to commit an assault.
 Illustrations: A begins to unloose the muzzle of a ferocious dog, intending or
knowing it to be likely that he may thereby cause Z to believe that he is
about to cause the dog to attack Z. A has committed an assault upon Z.
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Section 375: Rape
 A man is said to commit "rape" who, except in the case hereinafter excepted,
has sexual intercourse with a woman under circumstances falling under any of
the following descriptions:-
 First- Against her will.
 Secondly,- Without her consent.
 Thirdly- With her consent, when her consent has been obtained by putting her
or any person in whom she is interested in fear of death or of hurt.
 Fourthly- With her consent, when the man knows that he is not her husband,
and that her consent is given because she believes that he is another man to
whom she is or believes herself to be lawfully married.
 Fifthly - With her consent, when, at the time of giving such consent, by reason
of unsoundness of mind or intoxication or the administration by him personally
or through another of any stupefying or unwholesome substance, she is unable
to understand the nature and consequences of that to which she gives consent.
 Sixthly - With or without her consent, when she is under sixteen years of age.
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Section 376: Punishment for rape
 Whoever, commits rape shall be punished with imprisonment
of either description for a term which shall not be less than
seven years but which may be for life or for a term which
may extend to ten years and shall also be liable to fine unless
the women raped is his own wife and is not under twelve
years of age, in which cases, he shall be punished with
imprisonment of either description for a term which may
extend to two years or with fine or with both.
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OFFENCES AGAINST PROPERTY
Section 378: Theft
 Whoever, intending to take dishonestly any moveable property out of the
possession of any person without that person's consent, moves that
property in order to such taking, is said to commit theft.
Section 383: Extortion
 Whoever intentionally puts any person in fear of any injury to that person,
or to any other, and thereby dishonestly induces the person so put in fear
to deliver to any person any property or valuable security, or anything
signed or sealed which may be converted into a valuable security, commits
"extortion".
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Section 463: Forgery
 Whoever makes any false documents or part of a document with intent to
cause damage or injury, to the public or to any person, or to support any
claim or title, or to cause any person to part with property, or to enter into
any express or implied contract, or with intent to commit fraud or that
fraud may be committed, commits forgery.
 Section 415: Cheating
 Whoever, by deceiving any person, fraudulently or dishonestly induces the
person so deceived to deliver any property to any person, or to consent
that any person shall retain any property, or intentionally induces the
person so deceived to do or omit to do anything which he would not do or
omit if he were not so deceived, and which act or omission causes or is
likely to cause damage or harm to that person in body, mind, reputation or
property, is said to "cheat".
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Code Of Criminal Procedure, 1973
Section 291 : Deposition of medical witness.
 The deposition of a civil surgeon or other medical witness, taken and attested by
attested by a Magistrate in the presence of the accused, or taken on commission
under this Chapter, may be given in evidence in any inquiry, trial or other
proceeding under this Code, although the deponent is not called as a witness.
 The Court may, if it thinks fit, and shall, on the application of the prosecution or
the accused, summon and examine any such deponent as to the subject-matter
of his deposition.
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 Section 293: Reports of certain Government scientific
experts.
 Any document purporting to be a report under the hand of a Government scientific
expert to whom this section applies, upon any matter or thing duly submitted to him
for examination or analysis and report in the course of any proceeding under this
Code, may be used as evidence in any inquiry, trial or other proceeding under this
Code.
 The Court may, if it thinks fit, summon and examine any such expert as to the
subject-matter of his report.
 Where any such expert is summoned by a Court and he is unable to attend
personally, he may, unless the Court has expressly directed him to appear
personally, depute any responsible officer working with him to attend the Court, if
such officer is conversant with the facts of the case and can satisfactorily depose in
Court on his behalf.
 This section applies to the following Government scientific experts, namely:-
 any Chemical Examiner or Assistant Chemical Examiner to Government;
 the Chief Inspector of Explosives;
 the Director of the Finger Print Bureau; 11/2/2022
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Section 154 CrPC : Information in cognizable cases
 Every information relating to the commission of a cognizable offence, if given
orally to an officer in charge of a police station, shall be reduced to writing by
him or under his direction, and be read Over to the informant; and every such
information, whether given in writing or reduced to writing as aforesaid, shall
be signed by the person giving it, and the substance thereof shall be entered in
a book to be kept by such officer in such form as the State Government may
prescribe in this behalf.
 A copy of the information as recorded under sub- section shall be given
forthwith, free of cost, to the informant.
 Section 155 CrPC : Information in Non-cognizable cases When information
is given to an officer in charge of a police station of the commission within the
limits of such station of a non- cognizable offence, he shall enter or cause to be
entered the substance of the information in a book to be kept by such officer in
such form as the State Government may prescribe in this behalf, and refer the
informant to the Magistrate. 11/2/2022
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11/2/2022
24 Section 156 : Police officer' s power to investigate cognizable case
• Any officer in charge of a police station may, without the order of a
Magistrate, investigate any cognizable case which a Court having
jurisdiction over the local area within the limits of such station would
have power to inquire into or try under the provisions of Chapter XIII.
• No proceeding of a police officer in any such case shall at any stage be
called in question on the ground that the case was one which such officer
was not empowered under this section to investigate.
Section 173 : Report of police officer on completion of investigation.
Section 174 : Police to enquire and report on suicide, etc.
Section 175 : Power to summon persons.
Section 176 : Inquiry by Magistrate into cause of death (Custodial Death).

Indian Evidence Act, 1872
The Indian Evidence Act, originally passed in India by the
Imperial Legislative Council in 1872, during the British Raj,
contains a set of rules and allied issues governing admissibility of
evidence in the Indian courts of law.
It extends to the whole of India except the State of Jammu and
Kashmir and applies to all judicial proceedings in or before any
Court, including Courts-martial.

Section 32 : Cases in which statement of relevant fact by person who is
dead or cannot be found, etc is relevant:
 Statements, written or verbal, of relevant facts made by a person who is dead, or who
cannot be found, or who has become incapable of giving evidence, or whose
attendance cannot be procured without an amount of delay or expense which, under
the circumstances of the case, appears to the Court unreasonable, are themselves
relevant facts.
 When the statement is made by a person as to the cause of his death, or as to any of
the circumstances of the transaction which resulted in his death, in cases in which the
cause of that person's death comes into question. Such statements are relevant
whether the person who made them was or was not, at the time when they were made,
under expectation of death, and whatever may be the nature of the proceeding in
which the cause of his death comes into question.

Section 45 : Opinion of an Expert
When the court has to form and opinion upon a point of foreign
law or of science or art, or as to identity of handwriting [or finger
impressions], the opinions upon that point of persons specially
skilled in such foreign law, science or art, [or in questions as to
identity of handwriting] [or finger impressions] are relevant facts.
Such persons are called experts.

Section 47 : Opinion as to handwriting, when relevant
When the Court has to form an opinion as to the person by
whom any document was written or signed, the opinion of
any person acquainted with the handwriting of the person
by whom it is supposed to be written or signed that it was or
was not written or signed by that person, is a relevant fact.

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Section 135 : Order of production and examination of
witnesses.
• The order in which witnesses are produced and examined shall be
regulated by the law and practice for the time being relating to civil and
criminal procedure respectively, and, in the absence of any such law, by
the discretion of the Court.
Section 136 : Judge to decide as to admissibility of
evidence
When either party proposes to give evidence of any fact, the Judge may ask
the party proposing to give the evidence in what manner the alleged fact, if
proved, would be relevant; and the Judge shall admit the evidence if he
thinks that the fact, if proved, would be relevant, and not otherwise.

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Section 137 : Examination-in-chief The examination of a witness by the
party who calls him shall be called his examination-in-chief.
Cross-examination The examination of a witness by the adverse party shall be
called his cross-examination.
Re-examination The examination of a witness, subsequent to the cross-
examination by the party who called him, shall be called his re-examination.

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