Basics of criminal law

Necessities-
Mens rea- guilty mind

The concept of mens rea is put into the provisions relating to the ‘General Exceptions’ under
Chapter IV of the IPC. For instance, a juvenile aged 7 years is absolutely immune to any
wrong he/she commits as per Section 82 of the IPC. Further, under Section 80 and Section
81 of the IPC, a person causing an accident while performing a lawful activity or doing it
with the utmost necessity to prevent a wrong or further offence will have immunity from
being liable to be guilty as there is no mens rea.

Another essential ingredient of a crime is actus reus, i.e., the act committed or omitted by a
person which is forbidden by law, like homicide (killing of human beings), rape, theft,
sedition, etc. Irrespective of the pain or harm the event has caused, it won’t be considered to
be actus reus unless it is restricted by law.
Actus reus
Stages of commitment of a crime
Intention, prep, attempt, accomplishment
Imp elements of offences
FIR- An FIR is a written document which is filed by the police to report a criminal offence to
be investigated by the authorities. An individual can file an FIR by visiting a police station in
the locality where the crime took place.

Under Section 154 of the Cr.P.C., the law gives a preference of choosing to provide
information either orally or in writing.

Bail

A bail refers to the temporary discharge of an accused in criminal cases, wherein the trial is
pending and the court is yet to reach an inference. The laws relating to Brazil and bail bonds
are discussed under Section 436-450 of the Cr.P.C.

There are three types of bail, namely:

1. Regular bail,
2. Interim bail, and
3. Anticipatory bail.

Evidence
Evidence establishes facts. It is used in trials to establish the validity or invalidity of certain
facts. For example, the evidence of a bloody fingerprint would aid in speculating the fact that
the individual was present at the scene of the crime.

There are four types of evidence, namely:

1. Real evidence,
2. Demonstrative evidence,
3. Documentary evidence, and
4. Testimonial evidence.

Offences

Depending on the nature and gravity of the offence, they can be categorized as follows:

1. Cognizable and non-cognizable offences.

2. Bailable and non-bailable offences.
3. Compoundable and non-compoundable offences.

Cognizable and non-cognizable offences

Cognizable
A cognizable offence is an offence in which the police can arrest an accused
without a warrant and can carry out an enquiry without seeking prior
approval from the court. Under Section 154 of the Criminal Procedure Court,
a police officer has to lodge an FIR in cases of cognizable offences, and he
can also conduct an investigation before filing the FIR.

Examples of cognizable offences

Some of the examples of a cognizable offence are as follows:

1. Waging or attempting to wage war, or abetting the waging of war

against the government of India,
2. Murder,
3. Rape,
4. Dowry death,
 5. Kidnapping,
6. Theft,
7. Criminal breach of trust,
8. Unnatural offences, etc.

Non-cognizable offences
A non-cognizable offence is an offence wherein a police officer cannot arrest
the accused without a warrant, nor can he start an enquiry without seeking
approval from the court.

Examples of non-cognizable offences

Some of the examples of non-cognizable offences include:

1. Forgery,
2. Cheating,
3. Defamation,
4. Public nuisance, etc.
Aspect Bailable Offense Non-Bailable Offense
Definition An offense for which bail can be granted An offense for which bail cannot be granted as a
at the time of arrest or during the trial matter of right at the time of arrest. The accused must
process. apply to the court for bail.
Bail Granting Bail can be granted by the police officer Bail can only be granted by a court of law.
Authority or at the police station.
Nature of Crime Typically, less serious and minor offenses. Generally, more serious and heinous offenses.
Severity of Lesser penalties and punishments are Non-bailable offenses usually carry more severe
Punishment associated with bailable offenses. penalties and punishments.
Police Arrest Police can arrest without a warrant for For non-bailable offenses, police generally require a
Without Warrant bailable offenses. warrant to make an arrest.
Need for Court For bailable offenses, the accused can be In non-bailable offenses, the accused must attend
Proceedings released on bail without going through a court proceedings and apply for bail in front of a
court trial. judge.
Discretion of the In bailable offenses, the court has the In non-bailable offenses, the court must provide
Court discretion to grant or deny bail based on strong reasons to grant bail, and it can also deny bail
the circumstances. based on the severity of the crime.
Public Perception Generally perceived as less serious crimes, Viewed as more serious crimes, involving acts that can
often involving minor disputes or first- pose a threat to public safety or have significant
time offenders. consequences.
Examples Simple assault, petty theft, minor traffic Murder, rape, terrorism, drug trafficking, etc.
violations, etc.
BASICS OF IPC
The word ‘abet’ has been described as meaning to help, to assist or give
assistance, to order, procure, or counsel, to countenance, to urge, induce, or
assist in encouraging or setting another to commit

Main sections

Sec 107

A person abets the doing of a thing, who:

1. Instigates any person to do that thing; or

2. Engages with one or more other person or persons in any conspiracy for the doing of
that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and
in order to the doing of that thing; or
3. Intentionally aids, by any act or illegal omission, the doing of that thing.

Sec 375

Rape.
[ [375. Rape.-- A man is said to commit "rape" if he--
1 2

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a
woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into
the vagina, the urethra or anus of a woman or makes her to do so with him or any
other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into
the vagina, urethra, anus or any part of body of such woman or makes her to do so
with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do
so with him or any other person,
under the circumstances falling under any of the following seven 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 eighteen years of age.
Seventhly.When she is unable to communicate consent.
Explanation 1.For the purposes of this section, "vagina" shall also include labia
majora.
Explanation 2.Consent means an unequivocal voluntary agreement when the
woman by words, gestures or any form of verbal or non-verbal communication,
communicates willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration
shall not by the reason only of that fact, be regarded as consenting to the sexual
activity.
Exception 1.A medical procedure or intervention shall not constitute rape.
Exception 2.Sexual intercourse or sexual acts by a man with his own wife, the wife
not being under fifteen years of age, is not rape
Enticing or taking away or detaining with criminal intent a married
woman.Previous Next
Whoever takes or entices away any woman who is and whom he knows or has reason
to believe to be the wife of any other man, from that man, or from any person having the
care of her on behalf of that man, with intent that she may have illicit intercourse with
any person, or conceals or detains with that intent any such woman, shall be punished
with imprisonment of either description for a term which may extend to two years, or with
fine, or with both.
Chapter XX-A of Indian Penal Code, 1860, refers to #cruelty by husband or relatives of
husband' and includes section 498-A.
Section 498-A states, that whoever being the husband or relative of the husband of woman,
subjects such woman to cruelty shall be punished with the imprisonment for a term which
may extend to three years and also be liable to fine.

Explanation- For the purpose of this section, cruelty means-

(a) Any wilful conduct which is of such nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb or health (whether mental or physical)
of the woman; or

(b) Harassment of the woman where such harassment is with view to coercing her or any
person related to her meet any unlawful demand for any person related to her to meet such
demand.

The section was enacted to combat the menace of dowry deaths. It was introduced in the
code by the Criminal Law Amendment Act, 1983 (Act 46 of 1983). By the same Act section
113-A has been added to the Indian Evidence Act to raise presumption regarding abetment
of suicide by married woman. The main objective of section 498-A of I.P.C is to protect a
woman who is being harassed by her husband or relatives of husband.
Dowry death.—
(1) 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. Explanation.—For the purpose of this sub-section, “dowry” shall
have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) 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
Culpable homicide further divided into two categories:
1. Culpable Homicide not amounting to Murder (Section 299 IPC)
2. Culpable homicide amounting to murder (Section 300 IPC).

Section 299: Culpable Homicide not amounting to murder:

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.

There are three conditions which attracts S.299:

 There should be an intention to cause death or
 Causing such bodily injury which is likely to cause death or
 Causing death by action, which is in his knowledge likely to cause death

S.300: Culpable Homicide amounting to Murder

Except in the cases hereinafter excepted, culpable homicide is murder:

1. if the act by which the death is caused is done with the intention of causing death, or
2. 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
3. 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
4. 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.

To attract S.300 the conditions are as follow:

 The act is committed with an intention to cause death.

 The act is done with the intention of causing such bodily injury for which the
offender has knowledge that it would result in death.
 The person has the knowledge that his act is dangerous and would cause death or
bodily injury but still commits the act, this would amount to murder.