CRIMES

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CRIMES

1. WHAT IS CRIME?

Paul Tappan defined crime as "an intentional act or omission in violation of criminal law,
committed without defense or justification, and sanctioned by the state as a felony or
misdemeanor."

2. The Intentional Act or Omission


- For an act to be considered criminal, it must be performed with intent or purpose. This
means the individual must have consciously and willfully engaged in the behavior, rather
than it being an accidental or unintentional occurrence.
- Alternatively, criminal behavior can also manifest through an omission, or a failure to act
when there is a legal duty to do so. This includes situations where an individual has a
responsibility to prevent harm or provide assistance, but chooses not to do so.
3. Defences?
- Self-defence, Duress and insanity.
4. Void for vagueness?
- The "void for vagueness" doctrine is a constitutional rule that requires criminal laws to be
stated with sufficient clarity so that individuals can understand what behavior is
prohibited. If a law is too vague, it may be declared unconstitutional because it violates
the Due Process Clauses of the Fifth and Fourteenth Amendments of the United States
Constitution.
5. Harm Principle
- The harm principle, formulated by the philosopher John Stuart Mill in his work "On
Liberty" (1859), is a key concept in the theory of criminal law. It posits that the actions of
individuals should only be limited to prevent harm to other individuals. According to this
principle, the state is justified in exercising its power over individuals only to prevent harm
to others.
- The harm principle provides a basis for determining what conduct should be criminalized.
Laws should focus on preventing harm to individuals or society rather than punishing
morally questionable behavior that does not cause harm.
6. Principle of autonomy
- The principle of autonomy is a fundamental concept in both legal theory and moral
philosophy, particularly within the context of criminal law. Autonomy refers to the capacity
of individuals to make their own choices and govern their own lives without undue
interference from others, including the state. In criminal law, the principle of autonomy
underscores the importance of respecting individuals' rights to make decisions about their
own actions and lives, provided they do not harm others.
7. Inchoate
- Intention
- Preparation
- Attempt
• Koppula Venkata Rao vs State of A.P.- The Supreme Court has said that ‘Attempt’
should be taken as ordinary meaning. The ordinary meaning of ‘Attempt’ to
commit an offence is an act or series of acts which leads inevitably to the
commission of the offence unless something which the doer of the act neither
foresaw not intended happens to prevent this.
- Accomplishment
8. Actus reus
- The actus reus may be defined in the words of Kenny to be “such result of human conduct
as the law seeks to prevent.”
- “Words which refer to acts done extend also to illegal omissions.”
• R v Quik- The defendant, a diabetic was charged with assaulting his victim. The
assault occurred whilst the defendant was during a state of hypoglycaemia (low
blood glucose level thanks to a more than insulin).
• The court held that the defendant should are acquitted on the bottom of
automatism. His unconscious state had been the results of external factors, i.e. the
taking of insulin.
- 2(33) of the BNS a person is said to cause an effect voluntarily when he causes it by means
whereby he intended to cause it, or by means which, at the time of employing those
means, he knew or had reason to believe to be likely to cause it.
9. Mens Rea
- Mens Rea refers to the mental state or intent of a person while commi ing a crime. It is a
fundamental concept in criminal law that helps determine criminal liability. Understanding
mens rea is essential for distinguishing between different levels of culpability and ensuring
justice in legal proceedings.
- Requirement of mental elements- ‘with intent’, ‘recklessly’, ‘unlawfully’, ‘maliciously’,
‘unlawfully and maliciously’, ‘wilfully’, ‘knowingly’, ‘knowing or believing’, ‘fraudulently’,
‘dishonestly’, ‘corruptly’, ‘allowing’, and ‘permitting’. Each of these expressions is capable
of bearing a meaning, which differs from that ascribed to any other.
10. Jurisdiction
- Section 1(3): Extends the applicability of the BNS 2023 to all persons within India, and to
offenses committed outside India by Indian citizens or affecting Indian interests.
- Section 1(4): Defines the applicability of the BNS 2023 to offenses that are committed in
any part of India or affect its interests, irrespective of the location of the offenders.
- Section 1(5): Provides that the BNS 2023 applies to offenses committed on the high seas
or in the airspace, where such offenses affect India or involve Indian nationals.
- Jurisdiction can be defined as the limit within which the Court of law can exercise its
powers concerning suits, appeals, actions, proceedings, etc.
11. Type of jurisdictions
- Subject-matter Jurisdiction – This type places a limit on Courts to exercise their powers
over a particular type of case or a particular subject matter.
- Territorial Jurisdiction – This type places a limit on Courts to exercise their powers within
a territorial limit.
- Pecuniary Jurisdiction – This type deals with limitation of Courts regarding the monetary
value or cost of suits or cases.
- Original Jurisdiction – This type allows Courts to hear new cases that have been initiated.
- Appellate Jurisdiction – This type allows Courts to re-hear or review judgments given by
lower courts.
12. Jurisdiction under BNS
- SECTION 1(3) Every person shall be liable to punishment under this Sanhita and not
otherwise for every act or omission contrary to the provisions thereof, of which he shall
be guilty within India.
- (4) Any person liable, by any law for the time being in force in India, to be tried for an
offence committed beyond India shall be dealt with according to the provisions of this
Sanhita for any act committed beyond India in the same manner as if such act had been
committed within India.
- (5) The provisions of this Sanhita shall also apply to any offence committed by—
- (a) any citizen of India in any place without and beyond India;
- (b) any person on any ship or aircraft registered in India wherever it may be;
- (c) any person in any place without and beyond India committing offence targeting a
computer resource located in India. Explanation.—In this section, the word “offence”
includes every act committed outside India which, if committed in India, would be
punishable under this Sanhita.
13. Abetment
Definition-abetment refers to the act of aiding, instigating or encouraging another person
to commit an offence
- Instigate someone to do something
- Conspire with others to do something, and an illegal act occurs as a result of the conspiracy
- Intentionally help someone do something through an illegal act or omission
- Section 45 defines abatement, section 46 expands the scope of abetment, Section 47
establishes that abetting an offence within india, cross border abetment, 49 to 52
punishment for abetment, section 53 and 55- grave offense and cumulative punishment,
section 56 and 57-aggravated abetment, special provision and considerations, section 58
and 60 concealing design to commit offense.
- Instigate someone to do something
- Conspire with others to do something, and an illegal act occurs as a result of the conspiracy
- Intentionally help someone do something through an illegal act or omission
- Instigation:
- Concept: Instigation involves pushing someone to act in a certain way that leads to the
commission of a crime. This could be through direct commands, persuasive arguments, or
inducements.
- Aiding:
- Concept: Aiding means providing support or assistance in the commission of a crime. This
can include physical help, financial support, or providing information.
- Conspiracy:
- Concept: Conspiracy involves an agreement between two or more people to commit a
crime. All parties involved are considered abettors.
- Degrees of Liability
- Direct Abetment:
- When a person directly instigates or aids in the commission of a crime, they are held liable
as an abettor.
- Indirect Abetment:
- When a person’s actions indirectly lead to the commission of a crime without direct
involvement, liability may still arise based on the nature of their influence.
- Rameshbhai dabhai naika v. state of gujart
Abetment can include acts of coercion or encouragement leading directly to the
commission of crime.

14.criminal conspiracy:
A conspiracy consists not merely in the intention of two or more, but in the agreement of
two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as a
design rests in intention only, it is not indictable.
Section 61 of bns
A conspiracy consists not merely in the intention of two or more, but in the agreement of
two or more to do an unlawful act, or to do a lawful act by unlawful means. So long as a
design rests in intention only, it is not indictable.
The constituent elements of the offence of criminal conspiracy are:
(1) an agreement between two or more persons,
(2) to do an illegal act, or
(3) to do a legal act by illegal means, and
State of Tamil Nadu v. Nalini (Rajiv Gandhi assassination case), the Supreme Court had laid
following important points relating to criminal conspiracy:
(1) Association of accused with one of main accused or even his knowledge about
conspiracy would not make him conspirator as agreement is sine qua non of agreement,
(2) Accused harbouring main accused persons knowing fully well their involvement in the
commission of offence is itself not sufficient to infer that he was member of conspiracy,
(3) If accused had no knowledge of conspiracy, then his mere association with the main
conspirator would not make him member of the conspiracy,
(4) It is not necessary for the conspirator to be present at the scene of the crime

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