Offense(Breach of a law or rule; an illegal act)
Definitions
| Jurist |
Definition |
| Austin |
Wrong pursued by Soverign or his subordinate is crime. |
| Blackstone |
Crime is voilation of pulbic rights & justice |
| Paton |
state has power to control, impose penalty, punishment for crime |
Cheating
anyone found guilty of cheating can be punished with:
Imprisonment for up to 1 year, A fine, Both imprisonment and a fine
Every act committed outside India which if committed in India would be punishable under code.
A citizen of India(outside India) found guilty of offence would be punishable under code.
Applicable to ship, aircraft of India.
S.99(IPC) Nothing is offsense which is done in excersise of right of pvt defence
That means if a man is attacked, he need not to run away. It’s justified under law if he holds his ground and delivers counter attack.
Even stranger can defend person or property of another person.
| Year |
Report Name |
Page No of report |
Case |
| 1884 |
15th Vol of Cox |
540 |
A killed his father because his father
was cutting throat of his mother. Accused holds every right to protect his mother. |
| 1917 |
18th Vol Crl. LJ |
864 |
Gouri V. Sheikh. A attacks Z with knife.
Z pulls out revolver and shoots A in self-defense. Z is not punishable. |
Law againt Defemation(Damage Image) S.599-502(IPC)
Defemation is both Tort(wrongful act) + crime.
3 essentials of Defemation: Words, Signs, visible representation
What's not Defamation? OR Exceptions/Defence of Defemation:
1. Public good: Its not wrong to show true image of person when its for public good.
2. Good Conduct of public servants: Good Conduct of public servant can be publicised.
3. Public Question: Its not defemation to publicise a person touching a good public question.
4. Court Proceding reports: Its not defemation to publicise court reports.
5. Good findings of a case: Its not defemation to publicise good finding/merits of a case
6. Public performance: Its not defemation to publicise good public performance by a author.
7. Bona fide(good faith) censure(disapprove): Denying a fraud or illegal act is not defemation
8. Bona fide accusation(charge on someone): If A is on good faith with B(father of son), then A accusation against B is not defemation.
9. Bona fide imputation(blame): A says B(his friend) not to buy anything from C in good faith. Then its not defemation of B
10. Conveying Caution: A cautions B against C in good faith. Then for C its not defemation.
Offence Against State(IPC chapter-4, sec(121-130))
Ensure the state's safety. The state imposes severe punishments for these offences, such as life in prison or capital punishment.
Examples of offsense against state
Waging(carry on), or attempting to wage war, or abetting(encourage or assist) waging of war, against the Government of India
Collecting arms, etc., with intention of waging war against the Government of India
Conspiracy to commit offences punishable by section 121
Assaulting(make a physical attack on) high officer
Offence Against Marriage
a. Mock or invalid marriage(Sec:493 and 496)
b. Bigamy(marrying someone while already married to another person): Section 494 and 495
c. Adultery(Sec:497): Sexual intercourse with married woman. Only 3rd person male is held punishable(not wife).
without consent of husband.
d. Criminal elopement(Run away secretly with the intention of getting married usually without parental aggrement):
(Sec 498):Taking away/detaining the wife of another man
e. Cruelty by husband or relatives of husband(Sec: 498A)
Nothing is offense done by child < 7yrs (Sec:82) / Doli incapax (Doli=Trick, Incapax=Incapable)
Malitia supplet oetatem / (Malitia(means Malice), supplies Age): means children between 7 and 12 starts understanding
what's crime and what's not
Absolute immunity from criminal prosecution for children below 7 years old
Law presumes that a child below the age of seven is incapable of distinguishing between right and wrong
less than 7. (Not liable)
7 < age < 12. (Mature Intellect: liable), (Immature Intellect: not liable)
Age > 12. Liable
Test of Insanity / Lunatic
if its proved that crime is committed by insane person, he is not punishable. Cases:
- 1981. Someshwar vs State of Assam: Accused left place of murder immediately after crime. Not insane
- 1982. Paras Ram vs State of Punjab. Father butchered his own son to satite diety. Not insane, rather severe punishment is given
Crime by Drunkard
1. Voluntary(No excuse), 2. Non Voluntary(force): excusable
Case:
1920. Dierctor of Public Prosecution v Beard:
- Drunked accsued took hostage of 13 year old girl to rape and held his hand on her mouth, she died of suffocation. His intent
was to commit crime. Punishable.
Crime
Four Stages of Crime
1. Intent to Commit crime: Mere intention not followed by an act does not constitute a crime.
2. Preparation to Commit crime: No punishment for act done in prepration. In only 2 cases preperation is punishable:
a. Preparaing war against state = S.122(IPC)
b. Preparaing for dacoty = S.399(IPC)
3. Attempt to Commit crime:
4. Commission of crime
Constructive Criminality
A person can be held liable for the
consequences of another person's actions, even if they did not actively participate in the act.
S(34) Common intentions:Shared goal or plan to commit a crime. It implies
a meeting of minds of the people charged with the crime.
(S149) Common Object: Shared goal or objective during a riot or unlawful assembly.
It refers to a purpose that is shared by all the members of an unlawful assembly
Criminal misappropriation, Breach of trust
Trespassing, House Breaking, Intimidation, Conspiracy, Mens rea
Criminal misappropriation of property
It involves the dishonest appropriation of someone else's property without their consent
Punishment: Imprisonment for 2 years, With fine, Both
In criminal misappropriation, the property comes into possession of the offender accidentally or in some natural manner
Criminal breach of trust
Dishonestly misappropriating or converting another person's property for personal use
Criminal Trespass
when someone refuses to leave a property owner's land after being told to do so
House Breaking
More serious form of criminal trespass that involves breaking into a house with the intent to commit a crime
housebreaking by night is punishable by imprisonment for up to three years and a fine
Criminal Intimidation
someone intentionally threatens another person with injury to their person, property,
or reputation to escape. The other person must perform an act that is against the law
Criminal Conspiracy
an agreement between two or more people to commit an illegal act or to commit a
lawful act by illegal means
Counterfeit
Making something that resembles or is similar to another with the intention of practicing deception
Forgery(Fake)
the act of creating a fake document or part of a document with the intention of causing
damage or injury to the public or to any person
Mens rea(guilty mind)
person's mental state or awareness at the time of an offense.
Mens rea is used to assess a defendant's level of culpability for a crime.
It takes into account factors such as the defendant's knowledge, intent, recklessness,
and negligence
Public Nuisance(inconvenience)
when a person commits an act that causes annoyance, or injures or threatens to injure the rights
of the general public with respect to health, safety, morals, convenience, or welfare of the general public
Wrongful Gain
Wrongful gain is when someone obtains something to which
they are not lawfully entitled by using illegal means.For example,
when someone who is not the owner of the property acquires the property by using illegal
or bad techniques.
Wrongful loss
unlawful loss of property to which the person who loses it has a legal claim.
For example, when someone who is the owner of the property loses the property wrongfully
Good Faith, Consent
Good Faith:
Refer to a state of mind where a person believes, without dishonesty,
that their actions are lawful and justified. It is a subjective state of mind
and implies an honest belief in the legality and morality of one's actions.
Example: A is carried by tiger. B fires a bullet to protect A(in good faith.
But bullet hit A and he's severly wounded. B is not punishable.
Consent:
Voluntary and free agreement of a person to a particular act or conduct
Sexual Offenses (Section 375 and others): Consent, in this context, should be voluntary and informed, else its considered offense
Assault and Hurt: causing hurt without the consent of the person is an offense
Kidnapping and Abduction: If a person is taken or detained against their will, it may constitute a criminal act.
Preparation, Attempt
Preparation is the act of arranging the means to commit a crime.
Preparation does not mean the crime is completed. Preparation is not punishable by law.
Attempt is the direct movement towards committing the
crime after preparation is finished. An attempt is punishable by law
Abetment(Instigate)
Abetment means to instigate, help, and encourage the execution of a criminal
intention. Types of abetment
Instigate person to commit offsence
Engage in conspiracy to commit
Aiding person to commit offsense
Assault, Force, Criminal Force
Assault attack that can include getting punched, yelled at, or bombed. Verbal assault can include insults, swearing, or threats.
Force Causing motion, change of motion, or cessation of motion to another person
Criminal Force The intentional application of force to another person without lawful justification
Culpable(Blame) Homicide(Home=Man, cide=Cut)
Culpable homicide
is the crime of killing someone or causing their death, but not directly.Eg:
A dugs a pit for B to fall in it. B falls and dies eventually, A caused Culpable homicide
Murder is killing a person by another person or a group of people who have the deliberate intent to take the life of the former
Culpable homicide is not murder if:
offender did not plan to kill the victim
offender did not understand that their acts were likely to result in death
offender caused the death of any other person by mistake or accident
Dishonestly,Fraudulently
Dishonestly intentional act that causes wrongful gain or loss to another person.
Fraudulently act done with the purpose of deceiving someone else for personal benefit
Hurt, Grievous Hurt
Hurt/Simple Hurt
Bodily pain, disease, deformity
Grievous Hurt
Defined as a higher degree of injury:
Emasculation,
Loss of sight,
Loss of limb,
Fracture,
Disfiguration
Kidnapping, Abduction
|
Kidnapping |
Abduction(action of taking someone away by force or deception) |
| Meaning |
Taking away minor(below age 18(boy), 21(girl)) or person of unsound mind from their legal guardianship.
Taking away any person beyond the limits of India |
any age |
| Punishment |
kidnapping is imprisonment extending to 7 years and a fine |
Not punishable unless done with the intention to commit an offence |
Mischief
Any act performed with the intent to cause, or knowing that
some destruction or damage to any property
applies in the case of both public as well as private damages
It's legal to destroy your own property, unless you are trying to defraud someone, or endanger another person's health or safety
Mistake of Fact
Mistake of fact
defendant did not have intent to commit the crime because they didn’t understand a particular fact. Excusable
Eg: a. Judge orders to arrest A thinking as B. Police arrests A, but later came to know this. This is not crime.
b. Blind person doing jaywalking
Mistake of Law
knowing the law, still committing crime. Not excusable
Eg: Person with eyes doing jaywalking
Theft, Robbery, Extortion, Dacoity
Theft
Act of taking someone else's property(movable) without their consent and intending to keep it.
Robbery
Robbery is the use of criminal force to commit theft.
Extortion
Extortion is the act of using threats or force to obtain something from someone
Dacoity
Robbery by an armed gang of not less than five men. It is the most serious of these offenses
Obscenity
Any content shall be deemed to be obscene if it is lascivious(sexual interest) or appeals to the prurient(sexual matters) interest,
or if its effect tends to deprave and corrupt persons likely to read, see or hear the content.
provisions relating to obscenity
Prohibits the publication and sale of obscene books, pamphlets, and other representations
(S294)Prohibits obscene acts and songs, and makes punishment mandatory for obscene acts committed in public or obscene words spoken in public.
Punishment
Purpose is to prevent recurrence of the crime and to serve as an eye-opener for others
Purposes
Deterrent(Discourage), Preventive, Reformative, Retributive(Severe punishment),
Compensation
Unlawful Assembly, Riot, Affray
Unlawful Assembly
An assembly of 5 or more people, With a common object, To commit an offense,
By means of criminal force, or show of criminal force
| Riot |
Unlawful Assembly |
| violent offense against public order involving 3 or more people |
Group of 5 or more people with the mutual intent of deliberate disturbance of the peace |
Affray
Affray is fighting in public that disturbs the public order and peace.
An affray must be committed in a public place
At least two people are involved
Punishments in Indian Penal Code
1. Death
a. Waging war against nation
b. Murder
c. Giving fabricated evidence upon which innocent suffers death
d. Dacioty with Murder
e. Instigating suicide to insane person
f. Attempt to murder by criminal under life imprisonment
2. Imprisonment
Types: Rigorous, Simple, Solitary
3. Forfeit of property
- Getting property by waging war against someone
- Public servant illegal purchases property by virtue of his service
4. Fine
Wrongful Restraint, Wrongful Confinement
Wrongful restraint
obstructing a person's ability to move in one direction while allowing them to move in all other directions
Wrongful confinement
obstructing a person from proceeding beyond a certain limit.
Cases
| Case |
Date |
Judegement |
Jai Devi, Hari Singh vs
State of Punjab |
AIR 14sept/1963 |
Against Jai Dev(unlawful assembly, Rioting, Trespassing) |
Virsha Singh vs
State of Punjab |
AIR July/1955 |
Sec(302,323,324) Virsha Singh prosecuted for Murder |
regina vs
Govinda |
|
Accused is not guilty of murder but Culpable homicide |
sequenceDiagram
note over JaiDev_HariSingh_RamDutt: JaiDev,HariSingh,RamDutt
reached disputed filed
and begin destroying Bajra crop
Sajjan_Prabhati ->> JaiDev_HariSingh_RamDutt: Stop plough, Bajra crop will destroy
JaiDev_HariSingh_RamDutt -->> Sajjan_Prabhati: Fired rifle
Sajjan_Prabhati -->> JaiDev_HariSingh_RamDutt: Attacked with pharsa
note over JaiDev_HariSingh_RamDutt:Result:6 people killed, 5 injured
Offense:Riot
sequenceDiagram
VirshaSingh_5Other ->> KhemSingh: VirshaSingh thurst spear in
abdomen of khem Singh
note over KhemSingh: Died next day
sequenceDiagram
Govinda_18years_Husband ->> Regina_13years_Wife: Kicked several times
Hit with knee on chest
note over Regina_13years_Wife: Died on spot