Ipc

1. Module 2
Indian Penal Code,1872

2. Crime
 Krimos-Greek- to accuse
 Crimen-Latin-Cause of crime
 Evolving Concept- Eg: Sati – Brij Lal V. State-
abetment of suicide, Homosexuality –Naz Foundation
case 2009, S.K. Kaushal Case 2013, Navtej Singh Johar
Case 2018
 Evolving nature of crime makes it difficult to define it
 Crime is different from other wrongdoings
 Crime can be viewed in different lights
 Social impact, injury- always considered

3. Different dimensions of crime
 Moral Wrong
 Social wrong
 Public wrong
 Legal wrong
Not against individual, against society
Earlier against religion, now society

4. Elements of crime
 Actus non facit reum nisi mens sit rea
Act does not constitute a crime unless done with a
guilty intent
Crime= Act/Omission + Guilty Mind
Eg: An accident may injure someone, even loss of
life may happen, but accidents are not crimes.

5.  Act/Omission- “Actus Reus”-physical element
An action or an omission to do a legal duty
Wrongful action or omission (Gibbins v. Proctor)
Causing injury(s.44-any harm illegally caused to
any person in body,mind, reputation or
property)
 Guilty Mind- “mens Rea”- mental element-
Motive/intentional/dishonest/reckless/neglig
ence
 Called an “offence”- a thing made punishable
under IPC- S.40 IPC

7. Stages of Crime
Intention
Preparation
Attempt
Commission

8. Intention
 Important element – different words used in
definitions of different offences
 intentional/dishonest/reckless/negligence
 Intentional Injury V. Accident
 Liability different with intention and without
intention
 INTENTION ALONE IS NOT AT ALL PUNISHABLE
ie, no criminal liability

9. Preparation
 Punishable in case of certain offences
 S.121- Waging war against State
 S.122- Preparation to wage war against State
 S.235- possession of materials or instruments for
making counterfeit coins etc
 S,399:Praparation to commit Dacoity

10. Attempt
 Making or doing an act or series of acts which if succeeded
would constitute an offence or if uninterrupted would
result in actual commission
 Punishable as certain offences
 S.307- Attempt to murder
 S.308-Attempt to commit culpable homicide
 S.393- Attempt to commit robbery
 Chapter XXIII- Of attempts to commit offences (S.511)

11. Actual Commission
 PUNISHABLE ALWAYS
 OFFENCES- PUNISHABLE- S.40