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    Unit I Introduction To Substantive Criminal Law:: First

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    Aanchal Lohia
    This document provides an overview of 4 units in the introduction to substantive criminal law. It discusses the key elements of a crime including mens rea, actus reus, and injury. It also examines the stages of committing a crime from intention to the actual offense. The document outlines theories of punishment and different types of punishments. It analyzes exceptions to criminal liability such as insanity and consent. Private defense and abetment are also summarized. Finally, the document categorizes offenses against the state including waging war, sedition, rioting, and affray.

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    Unit I Introduction To Substantive Criminal Law:: First

    Uploaded by

    Aanchal Lohia
    29 views2 pages
    This document provides an overview of 4 units in the introduction to substantive criminal law. It discusses the key elements of a crime including mens rea, actus reus, and injury. It also examines the stages of committing a crime from intention to the actual offense. The document outlines theories of punishment and different types of punishments. It analyzes exceptions to criminal liability such as insanity and consent. Private defense and abetment are also summarized. Finally, the document categorizes offenses against the state including waging war, sedition, rioting, and affray.

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    This document provides an overview of 4 units in the introduction to substantive criminal law. It discusses the key elements of a crime including mens rea, actus reus, and injury. It also examines the stages of committing a crime from intention to the actual offense. The document outlines theories of punishment and different types of punishments. It analyzes exceptions to criminal liability such as insanity and consent. Private defense and abetment are also summarized. Finally, the document categorizes offenses against the state including waging war, sedition, rioting, and affray.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    29 views2 pages

    Unit I Introduction To Substantive Criminal Law:: First

    Uploaded by

    Aanchal Lohia
    This document provides an overview of 4 units in the introduction to substantive criminal law. It discusses the key elements of a crime including mens rea, actus reus, and injury. It also examines the stages of committing a crime from intention to the actual offense. The document outlines theories of punishment and different types of punishments. It analyzes exceptions to criminal liability such as insanity and consent. Private defense and abetment are also summarized. Finally, the document categorizes offenses against the state including waging war, sedition, rioting, and affray.

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    UNIT I

    Introduction to Substantive Criminal Law:


    Extent and operation of IPC, Definition of Crime

    Fundamental elements of crime-


    Common Law principle of actus non facit reum, nisi mens sit rea and exception
    s to this principle - Strict liability offences-

    The four elements that go to constitute a crime are as follows:


    first,
    a human being under a legal obligation to act in a particular way and a fit subje
    ct for the infliction of appropriate punishment:
    secondly,
    an evil intention or mens rea on the part of such human being;
    thirdly,
    actus reus, i.e., act committed or omitted in furtherance of such an intent;and
    fourthly,
    an injury to another human being or to society at large by such an act.

    Stages in commission of crime- Intention, Preparation, Attempt, Actual Commission of


    offence

    Difference between crime and other wrongs- In order to draw a distinction


    between civil and criminal liability, it becomes necessary to know clearly what is a wrong
    of which all the three are species. Law either awards punishment or damages according to
    the gravity of the wrong done. If the law awards a punishment for the wrong done, we call it
    a crime; but if the law does not
    consider it serious enough to award a punishment and allows only indemnification or
    damages,we callsuch awrong as a civil wrongor tort.In orderto markout thedistinction
    between crimes andtorts, we have to go deep into the matter and study it rather elaborately.
    UNIT II

    Elements of Criminal Liability: Joint and Constructive Liability, Common Intention, and
    Common Object Provisions for providing for group liability in crimes, including sections 34
    and 149 of the IPC, are exceptions to the general rule of criminal liability that a man should
    be held liable for his own criminal acts and not for those of others. These provisions
    providing for vicarious liability and group liability are intended to deter people from
    committing offences in groups and to spare the prosecution from proving the specific
    actus reus of each member of the group.

    Criminal Conspiracy: Conspiracy precedes the commission of a crime and is complete


    before the crime is attempted or completed. A mere agreement to commit an illegal act is
    sufficient to constitute the offence of criminal conspiracy.
    Theories of Punishment: Reformative, Retributive, Punitive, Deterrent, and Expiatory

    Kinds of Punishment: Punishments prevalent in the world: flogging, banishment, whipping,


    mutilation, stoning, pillory, death penalty, solitary confinement, fine, security bond.

    Punishments in India, Section 53-74, Capital Punishment

    UNIT III

    General Exceptions: A person may not always be punished for a crime that he has
    committed. Section 76-106 covers defences that exculpate criminal liability, which include
    mental incapacity, minority and insanity, involuntary intoxication, and crimes done with
    consent.

    Private Defence: The right of private defence has come to be recognised by all civilised
    societies as a preventive and protective right where state protection is not available; this right
    is essentially protective, preventive, and never punitive. There are limitations on the exercise
    of this right, both in relation to offences against the human body and specific offences against
    property. The extent of this right, against whom it can be exercised, when this right
    commences, and how long it lasts are elaborated on in the IPC.

    Abetment: Abetment as a crime where a person helps another in the commission of a crime
    comes under Sections 107–120 of the Code.

    UNIT IV

    Offences against State and Public Tranquilly: These kinds of offences are not only an
    offence against the person and property of an individual but also an offence against the state.
    They are group offences that are generally committed by a large number of people, resulting
    in a breach of peace. Broadly, they can be categorised into Waging War, Sedition, Rioting,
    and Affray.

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