Law of Crimes- 1

Indian Penal Code

Module- I
Introduction to Substantive Criminal
Law
Extent and Operation of Indian Penal
Code
The Indian Penal Code was passed in the year
1860. However, it came into effect from
January 1, 1862.
The Indian Penal Code applies to the whole of
India except for the state of Jammu & Kashmir.
It contains 23 Chapters and 511 Sections.
Before the Indian Penal Code came into effect,
the Mohammedan Criminal Law was applied
to both Mohammedans and Hindus in India.
 Crime-Meaning
The Indian Penal Code, 1860 uses the word 'Offence' in
place of crime. Section 40 of the IPC defines Offence as
an act punishable by the Code. An Offence takes place
in two ways, either by commission of an act or by
omission of an act.
When a Crime is done, any member of the public can
institute proceedings against the person accused of the
offence. Only in certain exceptional cases, the persons
concerned alone can institute the criminal
proceedings. Example of such crimes include
Matrimonial cases, dowry cases, defamation etc.
 Elements of Crime
Four main Elements :-
1. Human Being
The first essential element of a Crime is that it must be committed by a human
being. In case, the crime is committed by an animal, its owner is subject to
Civil/Tortious liability.
2. mens rea
A crime is done with a criminal intent. Mens rea is the mental intention, ill
intention, or fudge the defendant's state at the time of offense, sometimes called
the guilty mind. In the IPC, 1860, Mens rea is expressed as "ACTUS NON FACIT
REUM NISI MENS SIT REA" as a fundamental principle for penal liability. Intent and
Act, both must concur to constitute a crime. An act itself is no crime, unless it is
coupled with an evil / criminal intent.
3. actus reus
There should be an external act. The Act and the mens rea should be concurrent
and related.
4. Injury
There should be some injury or the act should be prohibited under the existing
law. The act should carry some kind of punishment.
 Various stages of crime
(i) Conceiving the idea of performing a legally defined
harm or Mens Rea :- At this stages, a person
consolidates his devious ideas and identifies ways of
doing it. There is no action taken and there is no harm
done to anybody nor is there any intention to cause
injury to anybody. So, it is not a crime in itself. But this
an essential ingredient of crime because without bad
intention to cause harm or do wrong, there can be no
crime. Also, even a thoughtless act, without any
deliberation, can be crime if there is an intention to
cause crime.
Actus non facit reum nisi mens sit rea :- a guilty act
together with a guilty mind.
 Various stages of crime
(ii) Preparation for crime :- Preparation consists
of arranging or building things that are needed to
commit the crime. At this stage, the intention to
cause harm starts manifesting itself in the form of
physical actions. At this stage, it is however
possible for the person to abandon his course of
action without causing any harm to anyone.
Generally, preparation is itself alone not a crime
because it cannot be proved beyond doubt the
goal of preparation.
 Various stages of crime
(iii) Attempt to commit an offence :- This
stage is attained by performing physical
actions that, if left unstopped, cause or are
bound to cause injury to someone. Since the
intention of the person can be determined
without doubt from his actions, an attempt to
commit a crime is bound to happen and
prevention of crime is equally important for
healthy society.
 Differences between Preparation &
Attempt
Both preparation and attempt are the physical
manifestations of the criminal intention.
An attempt goes a lot farther than preparation towards
the actual happening of crime.
In preparation, there is a possibility that the person
may abandon his plan, but attempt leaves no room for
that.
In general, preparation involves collecting material
resources, and planning for committing an act while
attempt signifies a direct movement towards
commission after the preparations are made.
 Tests to distinguish Attempt and
Preparation
(i) Proximity Rule or Last step Test : As per this test, anything short
of last step is preparation and not attempt. This is because as long
as there is a step remaining for completion of the crime, the person
can abandon it.
Case laws :- R Vs. Riyasat Ali, 1881 Abhayanand Mishra Vs. State of
Bihar, AIR 1961.

(ii) Theory of Impossibility or Indispensable Element Test : As per

this test, all of indispensable elements must be present to equal
attempt. If there is something a person needs to commit the crime
but it is not present, then there is not an attempt.
Case laws:- Queen Vs. Collins R Vs. king 1892 ) Rule Bypassed
 Tests to distinguish Attempt and
Preparation
(iii) Interruption Test:- If the action proves that the person would
have gone through with the plan if not for the interruption such as
arrest, then it is an attempt. At means if a person has not been
interrupted, he would have committed the crime, he is guilty of
attempt even though the past step of the crime has not been
performed.
(iv) On the Job or Unequivocality Test:- If a person does something
that shows his commitment to follow through and commit the
crime then it is an attempt. So, attempt is done when the offender
takes deliberate and overt steps that show an unequivocal intention
to commit the offence even if the step is not the penultimate one.
Case law:- State of Maharashtra vs. Mohd. Yakub 1980.
 Types of Punishments according to
IPC
Section 53 of the Indian Penal Code, 1860
prescribes five kinds of punishments.
Death Penalty
Life imprisonment
Imprisonment
Rigorous
Simple
Forfeiture of property
Fine
 Theories of Punishment
(1) Deterrent Theory
The aim of this theory is to inflict various penalties on the
offenders with a view to deterring them from committing
crime. This theory also seeks to create a sense of fear in the
mind of others with a view to keep them away from
committing such crime. The rigor of the punishment acts as
a warning to others.
(2) Retributive Theory
'Retributive' means 'punitive; to re-compensate; to payback'.
Retribution is by way of punishment. This theory says that the
wrong doer should be given the same punishment as that
will be suffered by the victim.
'a tooth for a tooth' and 'an eye for an eye'
 Theories of Punishment
(3) Protective or Preventive Theory
This theory says that all criminals should be imprisoned
and kept them far away from the normal society
without any connection to it. Thus, the society will be
protected from the criminals.
This theory feels that protecting the society from
criminals is better that curing the minds of the
criminals.
(4) Reformative Theory
This theory uses social, economic, physical and
psychological methods in bringing about change in the
minds of the criminals.
 Offences punishable with death
sentence
Section 121 of Indian Penal Code, 1860: Waging War against the
Government
Section 132 of Indian Penal Code, 1860: Abetment of Mutiny
Section 194 of Indian Penal Code, 1860: Giving or fabricating false
evidence leading to procure one's conviction for capital offense.
Section 302 of Indian Penal Code, 1860: Murder
Section 305 of Indian Penal Code, 1860: Abetment of suicide by
child or insane person
Section 307 of Indian Penal Code, 1860: Attempt to murder by a life
convict, if hurt is caused
Section 396 of Indian Penal Code, 1860: Dacoity with murder
Section 364A of Indian Penal Code, 1860: Kidnapping for ransom