LAW OF CRIMESLAW OF CRIMES  

ByBy

Dr.P.R.L.RAJAVENKATESANDr.P.R.L.RAJAVENKATESAN

Assistant Professor(Senior)Assistant Professor(Senior)

VIT Law SchoolVIT Law School

ChennaiChennai

Introduction Introduction

A System of Law concerned with the punishment of offenders. The term criminal law generally refers to substantive criminals laws. Substantive Criminal laws define crimes and may establish punishments.

CRIMECRIME

It is very difficult to give correct and precise definition of crime.Lord Atkin-Crime is an act or omission in respect of which legal punishment is inflicted on the person who is in default either by acting or omitting to act and criminal law relates to crimes and their punishment.

CRIMECRIME

Sir William Blackstone-Any act committed or omitted in violation of public law forbidding or commanding it. Crime is a violation of public rights and duties due to the whole community considered as community.

CRIMECRIME

John Austin- A Wrong which is pursued by the sovereign or his subordinates is a crime.

CRIMECRIME

Professor Kenny- Crimes are wrongs whose sanction is punitive and is in no way remissible by any private person, but is remission by the crown alone, if remissible at all.

CRIMECRIME

Professor Goodhart- Any act which is punishable by the state.Protection of the public welfare rather than the support of private interests –Which is the dominant purpose of this branch of the law.

CRIMECRIME

Halsbury’s Laws of England- A crime is an unlawful act or default which is an offence against public and renders the person guilty of the act or default liable to legal punishment.

CRIMINAL AND CIVILCRIMINAL AND CIVIL

1.Criminal law is only small part of the entire legal fields.2. Crimes differs from civil wrongs.3.Crimes-State4.Civil-Individual5. Crime is a public wrong, whereas a civil wrong is a private in nature.

LAW SYSTEMSLAW SYSTEMS

1. Common Law-its began as a result of the habit of the individuals and the custom of groups. England.2.Civil Law- Laws were written and codified by the rulers of the State. Roman Empire

PURPOSE PURPOSE OF CRIMINAL LAWOF CRIMINAL LAW

It attempts to Control human It attempts to Control human behaviorbehavior

Criminal Law is an offspring of Criminal Law is an offspring of personal vendettapersonal vendetta

Punishment for violators.Punishment for violators.

DEVELOPMENT OF DEVELOPMENT OF CRIMINAL LAW CRIMINAL LAW

The Code of Hammurabi,circa 2100 BC codified the rules- “An eye for an eye”. Defenses such as insanity, justification, excuses, intoxication and infancy were not considered.

HINDU SYSTEM HINDU SYSTEM

1.Arthasastra,Manu Smriti and Yajnavalkya.2.Manu-Ordinances relating to law and it stated about the duties of the kings.3. Dharma4.Yajnavalkya-Based on age and strength and wealth of the accused –consideration of the nature of the offence.

MOHAMMEDAN SYSTEMMOHAMMEDAN SYSTEM

It is originated from the Holy Koran Mughal Rule-Supplanted ancient

Hindu Penal Law. Sunni Mohammedans Theft-Hands were cut off Stoning –for illegal relationship Dearth sentence for affair with

women other than his wife.

BRITISH RULE BRITISH RULE

Regulation Act,1773-New Courts set up.

Lord Cornwallis judicial regulations-Zilla Court.

Bombay Code-1827

HISTORY OF IPCHISTORY OF IPC

The Charter Act of 1833 provided for the appointment of a law member to the Council of the Governor General.

Thomas Babington Macaulay was appointed as law member on the council and assumed charge on 27 June 1834.

HISTORY OF IPCHISTORY OF IPC

On 14 October 1837, the Law Commission submitted the printed Draft Penal Code to Lord Auckland, the then Governor General in Council.

The Draft Code was revised clause by clause by the Commissioners, Charles Hay Cameron and D Elliot, who submitted their first report on 23 July 1846.These commissioners submitted the second and concluding report on 24 June 1847.

HISTORY OF IPCHISTORY OF IPC

The Draft Penal Code was then in 1851 referred to the judges of the Supreme Court of the three presidencies , the advocate general of Madras and other judges and jurists for their opinion.

The revised penal code was read for the first time in the legislative council on 28th December 1856.

HISTORY OF IPCHISTORY OF IPC

The Indian Penal Code published in the Calcutta Supplementary Gazette on 21, 24 and 28 January 1857.

It was then passed by the Legislative Council of India, and received assent of the Governor-General –in-Council on 6 October 1860. It was scheduled to come into force on 1 May 1861.

HISTORY OF IPCHISTORY OF IPC

Indian Penal Code ,1860 amended sparingly.

Only three chapters, namely, offences relating to criminal conspiracy, election and cruelty to married women, have been added to its original 23 chapters.

PUNISHMENTPUNISHMENT

According to Jeremy Bentham punishment is evil in the form of remedy which operates by fear.

Johan Finnish has said that delinquent behavior of a person needs to be taught lesson not with melody but with iron hand.

THEORIES OF THEORIES OF PUNISHMENTPUNISHMENT

DETERRENT THEORYDETERRENT THEORY RETREBUTIVE THEORYRETREBUTIVE THEORY PREVENTIVE THEORYPREVENTIVE THEORY REFORMATIVE THEORYREFORMATIVE THEORY

DETERRENT THEORYDETERRENT THEORY

Bentham treats the committed offences as an act of past, that should be used as opportunity of punishing the offenders in such a way that the future offences could be prevented.

The number of crimes committed aftermath Indira Gandhi assassination. Same thing happened in Gujarat when the Godhra incidence took communal shape which led to break down of law and order.

RETRIBUTIVE THEORYRETRIBUTIVE THEORY

No Moral ConsiderationNo Moral Consideration Punishment is an end in itself.Punishment is an end in itself. Retributive is impartial and neutralRetributive is impartial and neutral Jessica Lal Murder case –Manu Jessica Lal Murder case –Manu

Sharma –accused-Open Bar-Delhi Sharma –accused-Open Bar-Delhi High CourtHigh Court

PREVENTIVE THEORYPREVENTIVE THEORY

Preventive philosophy is the best mode of punishment because it serves as effective deterrent and also useful preventive measures..

REFORMATIVE THEORYREFORMATIVE THEORY

Probation Probation ParoleParole Suspended SentencesSuspended Sentences Uneducated and Unskilled in PrisonUneducated and Unskilled in Prison

COMPENSATORT COMPENSATORT THEORYTHEORY

United Nations General Assembly,1985 Satisfactory Remedies Section of 357(1) of Criminal Procedure

Code 1973 (CrPC) empowers court to grant amount to victim of the offence out of fine imposed as part of the sentence. Under section 357(3) of CrPC, court may nevertheless order accused person to pay a certain sumof compensation to victim where no fine is imposed as part of sentence.

CLASSICAL THEORYCLASSICAL THEORY

Good and BadGood and Bad Man is regarded as a moral Man is regarded as a moral

creature who understands right from creature who understands right from wrong.wrong.

In case of committing offences , he In case of committing offences , he must be prepared to accept the must be prepared to accept the punishment also.punishment also.

POSITIVE THEORYPOSITIVE THEORY

CircumstancesCircumstances Against his willAgainst his will Offender is regarded as socially sick Offender is regarded as socially sick

who needs treatment , not who needs treatment , not punishment.punishment.

In 1764, criminologist Cesare In 1764, criminologist Cesare Beccaria wrote Beccaria wrote An Essay on Crimes An Essay on Crimes and Punishmentsand Punishments, which set forth , which set forth classical criminological theory. classical criminological theory.

ECLECTIC THEORYECLECTIC THEORY

It combines both classical and It combines both classical and positive thinkingpositive thinking

Law is more compassionateLaw is more compassionate Classical-DeathClassical-Death

REALITYREALITY

Crime is a part of human nature.Crime is a part of human nature. Crime is based on Crime is based on

biological,Psychological,sociological biological,Psychological,sociological and economic aspects.and economic aspects.

FUNDAMENTAL FUNDAMENTAL ELEMENTS OF CRIMEELEMENTS OF CRIME

HUMAN BEINGHUMAN BEING MENS REA-Guilty IntentionMENS REA-Guilty Intention ACTUS REUS- Illegal Act or ACTUS REUS- Illegal Act or

OmissionOmission Injury to another human beingInjury to another human being

FUNDAMENTAL FUNDAMENTAL ELEMENTS OF CRIMEELEMENTS OF CRIME

Sec.11 of Indian Penal Code-PersonSec.11 of Indian Penal Code-Person It includes a company or association or It includes a company or association or

body of person whether incorporated or body of person whether incorporated or not.not.

Actus non facit reum nisi mens sit rea-Actus non facit reum nisi mens sit rea-Guilty Intention and act together Guilty Intention and act together constitute a crime.constitute a crime.

Sec.44 of Indian Penal Code-The Injury Sec.44 of Indian Penal Code-The Injury should be illegally caused to any person should be illegally caused to any person in body, or mind, reputation or property.in body, or mind, reputation or property.

STAGES OF CRIMESTAGES OF CRIME

1.Intention-mere intention no ground1.Intention-mere intention no ground 2.Preparation-Sec.122.Preparation to 2.Preparation-Sec.122.Preparation to

wage war against government.Lifewage war against government.Life Sec.399.Preparation to commit Sec.399.Preparation to commit

dacoity.10 Yearsdacoity.10 Years Sec.233.Preparation for Sec.233.Preparation for

counterfeiting coins-3yearscounterfeiting coins-3years

STAGES OF CRIMESTAGES OF CRIME

3.Attempt-Attempt to commit an offence and 3.Attempt-Attempt to commit an offence and commission of specific offences have been commission of specific offences have been dealt with separately.dealt with separately.

Sec.307.Attempt to commit murder.10 years.Sec.307.Attempt to commit murder.10 years. Sec.308.Attempt to commit culpable Sec.308.Attempt to commit culpable

homicide.3 years.7 years also exceptional homicide.3 years.7 years also exceptional circumstances.circumstances.

Sec.393.Attempt to commit robbery.7 years.Sec.393.Attempt to commit robbery.7 years. Sec.309.Attempt to commit suicide.1 year.Sec.309.Attempt to commit suicide.1 year.

STAGES OF CRIMESTAGES OF CRIME

4.Accomplishment or completion-4.Accomplishment or completion- If he succeeded , he will be guilty of If he succeeded , he will be guilty of

the complete offence and if his the complete offence and if his attempt is unsuccessful he will be attempt is unsuccessful he will be guilty of an attempt only.guilty of an attempt only.

SOURCES OF CRIMINAL SOURCES OF CRIMINAL LAWLAW

Constitutional LawConstitutional Law Statutory LawStatutory Law Administrative LawAdministrative Law Case Laws-Law Made by Court Case Laws-Law Made by Court

decisions based on their decisions based on their interpretations of the other lawsinterpretations of the other laws

ACTUS REUSACTUS REUS

External Circumstances and Physical act.External Circumstances and Physical act. Act does not make person guilty unless Act does not make person guilty unless

mind is also guilty.mind is also guilty. Secs. 441-462.Criminal Tresspass-PlaceSecs. 441-462.Criminal Tresspass-Place Secs.359-374,IPC-Kidnapping , Abduction Secs.359-374,IPC-Kidnapping , Abduction

and Procuring of a minor girl-Person.and Procuring of a minor girl-Person. In the offence of rape, consent is the In the offence of rape, consent is the

actus reus. actus reus.

Causation and Causation and Negligence Negligence

Conduct of the person was Conduct of the person was negligent.negligent.

Suleman Rahiman Mulani v State of Suleman Rahiman Mulani v State of Maharashtra,AIR 1968 SC 829Maharashtra,AIR 1968 SC 829

Accused was driving a jeep struck Accused was driving a jeep struck the deceased.the deceased.

Sections.304 A and 201 of IPC.Sections.304 A and 201 of IPC. No evidenceNo evidence

Causation and Causation and Negligence Negligence

Minimal casuationMinimal casuation Medical treatmentMedical treatment Moti Singh v. State of Uttrapradesh,AIR Moti Singh v. State of Uttrapradesh,AIR

1964 SC 900.1964 SC 900. The deceased Gayacharan had received The deceased Gayacharan had received

two gunshot wounds in the abdomen which two gunshot wounds in the abdomen which were dangerous to life but he discharged were dangerous to life but he discharged from hospital and lated died. Cause of from hospital and lated died. Cause of death.death.

Benefit of doubt. Benefit of doubt.

Principle of Ordinary Principle of Ordinary HazardHazard

LightningLightning Jumped in to waterJumped in to water Attack and took him to hospital by Attack and took him to hospital by

ambulanceambulance Geographical position and feverGeographical position and fever

Principle of Reasonable Principle of Reasonable ForesightForesight

Secs.300(3) (4) of IPCSecs.300(3) (4) of IPC First to establish the death , grievous First to establish the death , grievous

hurt or whatever the offence that is to be hurt or whatever the offence that is to be established is the natural consequences established is the natural consequences of the act of the offender.of the act of the offender.

It has to be established that any It has to be established that any reasonable man would be able to foresee reasonable man would be able to foresee that the death ,grievous injury,etc,is that the death ,grievous injury,etc,is likely to be the natural consequence of likely to be the natural consequence of his act.his act.

Unexpected Unexpected InterventionsInterventions

Gravity of Culpability depending on the fact Gravity of Culpability depending on the fact and circumstances of the case.and circumstances of the case.

Poisoned Apple with intention to kill his wife.Poisoned Apple with intention to kill his wife. Cleaning gun intention to kill but gun goes Cleaning gun intention to kill but gun goes

off accidentally and kill.off accidentally and kill. Joginder Singh v State of Punjab, AIR 1979 Joginder Singh v State of Punjab, AIR 1979

SC 1876SC 1876 deceased teased sister of accused and deceased teased sister of accused and

accused chased him but jumbed into well accused chased him but jumbed into well resulted in death.resulted in death.

Intervention of an Intervention of an Innocent PersonInnocent Person

A person will be held fully responsible if he A person will be held fully responsible if he had made use of an innocent agent commit had made use of an innocent agent commit crime.crime.

A secretely puts poison into a drink which he A secretely puts poison into a drink which he knows or expects B will offer to C.knows or expects B will offer to C.

R v Hilton,1838 2 Lew 214-Steam engine R v Hilton,1838 2 Lew 214-Steam engine issueissue

R v Horsey, (1862) 3 F 287- The accused set R v Horsey, (1862) 3 F 287- The accused set fire to a stack of straw and the deceased was fire to a stack of straw and the deceased was found burnt in another portion of the stack, found burnt in another portion of the stack, the accused was set free.the accused was set free.

Contributory NegligenceContributory Negligence

The doctrine of Contributory The doctrine of Contributory negligence of the victim has no place negligence of the victim has no place in criminal law.in criminal law.

Victim has contributed to the injury Victim has contributed to the injury caused by his own negligencecaused by his own negligence

Secs.279 and 304 A of IPCSecs.279 and 304 A of IPC Crossing in highwayCrossing in highway