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Semester IV
Teaching Plan
By-
Ms. Meera Mathew
(Assistant Professor)
&
Mr. Vikram Singh
(Assistant Professor)
1. INTRODUCTION
This course would familiarize students with the substantive criminal law of India, which is Indian
Penal Code of 1860. It defines offences and the punishments for those offences. The purpose of
criminal law is to regulate social behavior and recommends whatsoever is unlawful, harmful, or
otherwise endangering to the human body, property, health, safety, and moral welfare of people.
In countries across the world, the crimes are predominantly defined by statute, and the application
varies enormously depending upon the history, the judicial precedents if they follow common law
jurisdiction and how the trial takes place. This curriculum of fourth semester covers the general
elements of criminal liability by introducing to the learners at the outset itself the concepts such as
mensrea, its degrees, actus reus, differentiating criminal law from civil laws and further
elucidating various perceptions and theories. While clarifying the concept of liability, the meaning
of act, omissions, principles of causation, concurrence principles, the scope of complicity, and the
meaning of inchoate offences will be imparted. Under defenses, the course examines the general
theory of justification and excuse. Furthermore it delves in to description of crimes specifically
against human Corpus and crime against property along with punishments and its variations as per
the facts and circumstances by deliberating upon case laws.
The objective of criminal law is to maintain law and order in the society and to protect the life
and liberty of people. It is for this reason that people place their ultimate reliance on this branch
of law for protection against all injuries that human conduct can inflict on individuals and
institutions. Due to these reasons, the penal law cannot afford to be weak, ambiguous or
ineffective. Nor can it be harsh and arbitrary in its impact. The application of criminal law has to
be uniform regardless of any discrimination on grounds of class, caste, religion, sex or creed etc.
of either the criminal or the victim.
The course aims at understanding and analyzing recent changes in this branch by appreciating
dynamic nature of this branch of law. Course structure enables student to analyze, scrutinize and
to mould a critical approach.
A. Knowledge
• To familiarize the students with the key concepts regarding crime and criminal law.
• To expose the students to the range of mental states that constitutes mens rea essential for
committing crime.
• To teach specific offences under the Indian Penal Code.
• To keep students abreast of the latest developments and changes in the field of criminal law.
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
B. Skills
The subject has been so designed as to generate critical thinking among students about the stated
objectives of criminal law and to enable them to examine the recent developments and changes
that have taken place in the field. The overall objective of this undergraduate course is to
inculcate the learner with the following set of skills: general cognitive intellectual skills, general
communicative/employability skills and subject specific skills.
Cognitive:
Law of Crimes Paper-I will demand that students have the capacity to demonstrate insight in
presenting materials drawn from a varied and sometimes wide range of primary and secondary
sources and doctrinal commentaries. The substantive materials continue to focus on imparting an
understanding of those basic principles and doctrines that come into play across the range of
special offenses.
Employability:
It is imperative that learners obtain an understanding of the basis principles as reflected in the
detailed case studies of some particular offenses. The paper will demand that students have the
capacity to be able to write and use orally fluent and complex prose; using legal terminology with
scrupulous care and accuracy.
Subject Specific:
Law of Crimes Paper-I will demand an ability to identify and select key relevant issues and to
apply that knowledge with clarity to difficult situation of significant legal complexity; to analyze
problem and to produce well-supported conclusions in relation to them.
A. Outcomes:
Two key skills will be highlighted by this course (a) case synthesis/problem solving and (b)
independent research. These skills will be central to the learners‟ success in completing this course‟s
scheme of assessment
For the preparation of tutorial, the learner would be asked to read, analyze and synthesize a
number of cases. The learner would similarly be asked to use that knowledge to support his/her
answer to a number of hypothetical, factual or problem scenarios. Hence it is necessary to fetch
sufficient aptitude to the encounter of solving some of the most vexing problems of our times.
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
In preparing for the course work assignment, particular emphasis will be placed on independent
learning i.e., the ability to take initiative in the design (individualized approach or plan of action)
and research (external legal and non-legal sources) of the stated project. The course work in
question is deliberately broadly drawn, and is designed to challenge the learner in this regard.
Final Outcome
3. LECTURES
Three lecture times have been set aside for the learners for this course for each division. Verify it
from the time-table assigned for each division. Lecture outlines, principally in the form of brief
notes, and relevant study/reading material will be made available through “Owl” at
www.curiosity.symlaw.edu.in. To facilitate your understanding of these lectures, you should
always read at least the relevant pages of suggested readings in advance of each lecture.
The student will not be eligible to appear for the examination if he / she fail to put in the required
attendance. The Students can update themselves of their attendance daily online in “Attendance‟
on “Curiosity‟ Portal at www.curiosity.symlaw.edu.in.
VI. Emerging trends to impose liability without „Mens rea‟/Corporate Criminal Liability
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
I Intention
II Preparation
III Attempt
IV Commission
C. Impossible attempt
I Culpable Homicide
II Murder
III Hurt and Grievous Hurt
I Theft
II Cheating
III Extortion
VI Mischief
VII. Forgery
C. Lecture Outline:
A. Bare Act - Indian Penal code [(IPC) with the incorporated Amendment Act of 2018].
B. Textbook
Suggested Readings:
William Douglas Morrison, Crime and Its Causes(Swan, Sonnenschein & Co., 1891)
R.C.Nigam, Law of Crimes in India (Asia Publishing House edition, 1965)
th
K.D Gaur, Text Book on The Indian Penal Code (6 edn. 2016), Universal Law Publishing
Co. Pvt Ltd., New Delhi.
th
K.I. Vibhute, P.S.A. Pillai’s Criminal Law, (12 edn. 2015), Lexis Nexis Butterworths, New
Delhi.
K.T.Thomas and M.A.Rashid (ed.,) The Indian Penal Code (34th Ed. Lexis Nexis
Butterworths, New Delhi, 2014).
C.K. Thakker (Rev.), Ratan Lal & Dhiraj Lal‟s Indian Penal Code, (32′d ed., 2010)
C. Reference Books
*Note: Learners are free to consult any other book available in the library with respect to the
content of the syllabus for advance reading and research work as suggested readings are
indicative not exhaustive.
Stephen F Smith, “Innocence and the Guilty Mind” 69 Hastings Law Journal 1609-1672,
Eugene J. Chesney, “Concept of Mens Rea in the Criminal Law”, 29 Am. Inst. Crim. L. &
Criminology 627 (2017)
Paul K Ryu, “Causation in criminal Law” University of Pennsylvania Law Review 106 (1999)
773-805
Gary Dubin, “Mens Rea Reconsidered: A Plea for a Due Process Concept of Criminal
Responsibility,” 18 Stanford Law Review 322–395 (1990).
Steven R. Morrison, “Relational Criminal Liability” 44 Florida State University Law Review
635-690, (2017).
Daniel K. Spradlin “Mens Rea, Due Process and the Burden of Proving Sanity or Insanity”, 5
Pepp. L. Rev. 1 (1978).
G. Virgo, “Offences against the person: The wheel is come full circle”, 51 Cambridge Law
Journal, 6 (1992).
G. R. Sullivan, “Anger and excuse: Reassessing provocation”, 13 Oxford Journal of Legal
Studies, 421 (1993).
M. A. Owoade, “Scope of self defence in Criminal Law”, 17 Indian Socio-Legal Journal,
35(1991).
R. A. Duff, “Choice character and criminal liability,” 12Law & Philosophy345 (1993).
Susan Estrich “Rape” The Yale Law Journal, 95 (1986).
Francis B. Sayre, “Public Welfare Offenses”, 33 Colum. L. Rev. 55 (1933).
C. L. Carr, “Duress and criminal responsibility”, 10 Law & Philosophy161(1991)
W. Glanville, “Intents in the alternative”, 50 Cambridge Law Journal120 (1991).
M. Gorr, “Private Defence”, 9 Law & Philosophy, 241, (1990).
A. Candeub, “Motive crimes and other minds”, 142 University of Pennsylvania Law Review,
2071 (1994).
T. Weir, “Why does provocation diminish culpability?” 55 Cambridge Law Journal, 420
(1996).
G. R. Sullivan, “Cause and the contemporaneity of actus reus and mens rea”, 52 Cambridge
Law Journal, 487(1993).
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
Note:
The above list is indicative and not exhaustive. Earlier editions/Latest Editions of a number of
the above texts might also be available and can be consulted once account is taken of their
datedness, particularly as to applicable case law. Bare Act
These texts were selected because they provide in one volume a combination of text, cases and
materials, designed to be read as a whole i.e., a “one-stop shop”. Nevertheless, the text provides
the basic reading for the course only. There is much more to the Law of Crimes paper I than
this, and you will undoubtedly benefit from undertaking some reading and study of your own.
It is creditable if you, in respect of the proper use of independent research and study, follow up
in the Law Library some of the case references, periodical articles or other material referred to
in the prime textbook or in class – or even to do some research of your own. The list of cases
applicable to syllabus is already given in Annexure- E and learners are requested to go through
these cases when it is communicated to read and come for discussions. Further, I will make
available articles by eminent scholars in this field to be issued from the Library (suggested
reading list will be provided at the time of teaching). If Copyright policy of the publisher of
those articles permits, the articles and e-copies of the book will be posted at the curiosity portal
via curiosity.symlaw.edu.in. For supplementary reading, you could, for instance, begin by
consulting the relevant sections of the “alternative” texts from the law library. Thereafter you
could engage in your own research, with particular reference to journals on online databases
including SCC Online, LexisNexis, Manupatra, Westlaw India, Hein Online, JSTOR,
ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer
Competition), CLAOnline, Ebrary, Emerald & EBSCO, and offline database including
AIR. Learners are expected to read the latest journals, periodicals, reports and articles to keep
abreast with the recent trends and developments in the subject.
Law of Crimes Paper I: Penal Code is a 4credit course so you will be examined in this course for 100
marks. You will be examined in this course by Internal (40%) and External Assessment (60%)
format.
Internal Assessment will be conducted for 40 marks. It will include:
a. Project-Assignment (10 marks) as the first component of internal assessment and
b. One tutorial (20 marks) as mode of second internal assessment
c. Viva-voice (10 marks) as the third element of internal assessment.
The Symbiosis International (Deemed University) will conduct external written examination for 60
marks at the end of the semester. It consists of ten objectives, 2 mark each (20 marks) and 4 subjective
questions of 10 Marks each with an alternative (40marks).
6. INTERNAL ASSESSMENT MODE AND SCHEDULE
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
Tutorial Skills:
There would be two questions on which the learner would be required to solve problem- based
i.e. non-theoretical questions. The purpose of tutorial is to give learners an opportunity for
assessing learning of Law of crime paper I: Penal Code. Tutorials also provide you with an
opportunity to develop written skills of presentation and reasoned argument. Lack of preparation
and a fortiori non-attendance will mean that you will fail to make the most of the learning
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
opportunities provided by these tutorials. In order to achieve the two stated skills objectives i.e.
Presentation and problem solving skills, one tutorial and viva voice are scheduled in this
semester. The timetable of the tutorial is as follows:
Tutorial - Schedule
Date
Tutorial Topics
Result
Test
Last-date for uploading reply by the February 08, 2020 @8:00 p.m.
February 06, 2020 @8:00
students
p.m.
*Note: If there are any changes in, „Examination Schedule or Syllabus‟ of tutorials it shall be
communicated to you as soon as practicable.
Viva-Voce Schedule:
The course in-charge for Law of Crimes Paper I: Penal Code is Ms. Meera Mathew, Assistant
Professor. This course is shared by Mr. Vikram Singh, Assistant Professor. In case you face any
problem in dealing with the subject, feel free to discuss with us through mail at
meera@symlaw.edu.in or vikram@symlaw.edu.in . The meeting time with Ms. Meera is on Monday,
Wednesday and Friday 2:00 to 4:30 PM. With Mr. Vikram Singh it would be Tuesday and Thursday
2:00 to 4:30 PM. Notices relating to the course will be posted online on
www.curiosity.symlaw.edu.in. Learners are requested raise the concerns and clarifications to faculty/s
itself.
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
Annexure A
The final copy of the project Assignment should be submitted in accordance with the following
specifications:
1) The paper used for printing shall be of A4 size. Printing shall be in a standardized form, on
both the sides of the paper
Font: Times New Roman
Font Size: Main Heading 16 (Bold), Sub-Heading 14 (Bold),main text 12 and
footnotes 10
Spacing 1.5 for main text, 1 for footnotes
Text should be Justified
MS Word: 2003-07 Version, Page Layout: left-1.5 cm, top-right-bottom-1 cm.
Word Limit: 2500 Maximum.
Submitted by
Name of the candidate
--------------------------------------------
Division... Roll No… Class…of
Symbiosis Law School, NOIDA
Symbiosis International (Deemed University), Pune.
In
Month, year
CERTIFICATE
The material borrowed from other sources and incorporated in the research paper has been duly
acknowledged.
I understand that I myself would be held responsible and accountable for plagiarism, if any, detected
later on.
Date:
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
Page 2- Certificate (Appendix „B‟) signed by candidate and counter signed by research guide
Page 4- Index
*Note: Copy of the checked interim submission with suggested changes by the faculty in charge is to
be attached after bibliography. Citations shall be uniform. Learners can go for Bluebook/JILI/Chicago
style of footnoting.
TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)
Elements of crime
16. State of U.P. v. Ram Swarup (1974) 4 SCC 764 :AIR 1974 SC 1570
17. Deo Narain v. State of U.P. (1973) I SCC 347: AIR 1973 SC 473
18. Kishan v. State of M.P. (1974) 3 SCC 623: AIR 1974 SC 244
Sexual Offences
23. Kanwar Pal Singh Gill v. State (Admn., U.T. Chandigarh) (2005) 6 SCC 16
30. Maina Singh v State of Rajasthan (1976) 2 SCC 827 AIR 1976 SC 1084
31. Yakub Abdul Razak Memon v State of Maharashtra 2015 3 SCC (Cri) 673
33. Om Prakash v State of Punjab, (1962)2 SCR 254: AIR 1961 SC 1782
43. Shri Bhagwan S.S.V.V. Maharaj v. State of A.P., AIR 1999 SC 2332
48. Ram Birich Mahato v. Bishwanath Misser (1961) 2 CrLJ 265 (Pat)
49. Indian Oil Corporation vs. NEPC India Ltd. and Ors. AIR 2006 SC 2780.
50. Krishna Gopal Singh v. State of Uttar Pradesh AIR 2000 SC 3616.