Semester: III Course: Law of Crimes Faculty: Anant

Deogaonkar

Gujarat National Law

University
Gandhinagar, Gujarat (India)

Course Outline

of

Law of Crimes (Indian Penal Code & Elements of

Criminal Procedure Code)

For

BA/BCom/BSc/BBA/BSW, LLB

Semester: III
Batch: 2013-2018

Session: July – December, 2014

Faculty:
Anant Deogaonkar
Assistant Professor of Law
Gujarat National Law University
Gandhinagar-382007
Email id: danant@gnlu.ac.in
Mobile: +91-8128650847

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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar

l. No. Contents Page No.

1.0 Objectives of the course 03

2.0 Proposed teaching schedule 03

3.0 Detailed course-outline 04

4.0 Prescribed/Recommended readings 10

5.0 Law Commission of India Reports 11

6.0 List of Acts of the Parliament of India 11

7.0 Teaching methodology 12

8.0 Evaluation pattern 12

Tentative dates for test/submission of project/GD,

9.0 12
etc

10.0 Important instructions to students 12

11.0 Contact hours 12

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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar
1.0 Objectives of the Course

Crime and Punishment has been the one of the most important task of rule of law of the State. The
prime object of this course is to familiarize students with the principles of criminal liability and other
concepts of substantive criminal law.
The learning objectives of the course would be as follows:
To examine the historical evolution of criminal law maxims, doctrines and principles; to introduce
briefly the historical background to the codification of Indian law and its implication on the criminal
justice administration; to analyze the sentencing policy of the penal law of the land; to know the
elements of crimes against person, property, order and state; to articulate the differences between
Indian law on one hand which is, codified and non-codified English law; to comprehend key cases,
legal terms, clauses and chronologies in criminal law; to analyze both early and contemporary judicial
thinking and legal reasoning; to articulate informed opinion over important controversial issues in
criminal law; to recognize which issues are critical to the decision in a case; to recognize important
considerations dealing with the rights of criminal defendants.

2.0 Proposed Teaching Schedule

No. of Sessions
Module No. Modules
(Classes)
III.3.1 Crime and Punishment 02
III.3.2 The Criminal Law (Amendment) Act, 2013 02
III.3.3 Essentials of Offences 02
III.3.4 Principles of Penal Law 03
III.3.5 Inchoate Offences 03
III.3.6 General Exceptions 04
III.3.7 Offences affecting Human Body 12
III.3.8 Offences against Woman 04
III.3.9 Offences against Marriage 03
III.3.10 Offences against Reputation, Criminal Intimidation, 02
Insult and Annoyance
III.3.11 Offences against Property 04
III.3.12 Offences relating to Violation of rights to Property 03
and Document, Property and Currency
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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar
III.3.13 Offences against State, Public peace, Tranquility and 04
Religion
III.3.14 Offences relating to Public Servants, their Authority, 02
False Evidence and Public Justice
III.3.15 Offences relating to Elections 02
III.3.16 Introduction to International Criminal Law 03
III.3.17 Juvenile delinquency, Drug abuse and Drug 03
Trafficking
III.3.18 Prison systems, Correctional administration and 02
Sentencing process

Total = 60
3.0 Detailed Course Outline

Law of Crimes (Indian Penal Code & Elements of Criminal Procedure Code)

Module- III.3.1 Crime and Punishment Session: 02

 Crime – Nature and definition, social and legal context

 Necessity and objectives of punishment
 Different theories of punishment
 Modern theory of punishment

Module- III.3.2 The Criminal Law (Amendment) Act, 2013 Session: 02

 Amendments to the Indian Penal Code, 1860

 Amendments to the Code of Criminal Procedure, 1973
 Amendments to the Indian Evidence Act, 1872
 Amendments to the Protection of Children from Sexual Offences Act, 2012

Module- III.3.3 Essentials of Offences Session: 02

 Human being
 Guilty intention
 Prohibited act
 Punishment
 Intention
 Preparation
 Attempt
 Commission of offence

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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar

Module- III.3.4 Principles of Penal Law Session: 03

 Nulla poena sine lege

 Nullum crimen sine lege
 Mens rea and actus reus
 Meaning, origin and development
 Mens rea and Intention
 Motive and Knowledge
 Intention, recklessness and Negligence
 Mens rea and criminal liability
 General Principles of Liability
 Principles of mala in se and mala prohibitum
 Joint liability
 Vicarious liability
 Strict liability
 Absolute liability
Cases:
State of Maharashtra v Mayor Hans George AIR 1965 SC 722
Nathulal v State of M.P. AIR 1966 SC 43
Barendra Kumar Ghosh v Emperor (1924) 52 IA 40, Cal. (PC)
Mehboob Shah v Emperor (1945) 47 Com LR 941 (PC)
J.M. Desai v State of Maharashtra AIR 1960 SC 889

Module- III.3.5 Inchoate Offences Session: 03

 Abetment
 Conspiracy
 Attempt

Module- III.3.6 General Exceptions Session: 04

 Absence of Mensrea: Mistake of fact, not mistake of law

 Accident
 Necessity
 Insanity
 Infancy
 Good faith
 Acts done under compulsion
 For the ends of justice: Judicial acts
 Acts done under consent
 Trivial offences
 Private Defense: Right of private defense of body
 Right of private defense of property
Cases:
R v Prince (1875) LR 2 CCR 154
R v Tolson (1889) 23 QBD 168
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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar
Sherras v De Rutzen [1895] QB 918
R v Williams (1987) 3 All ER 411
R v Dudley and Stephen (1884) 14 QBD 273
Dhaniya Daji v State (1868) 5BHC (Cr C) 59
Mussamut Aimona, (1864) 1 WR (Cr) 43
M’Naughton’s Case (1843) 4 St. Tr. (NS) 847
Ashiruddin v Emperor, 50 Cr. LJ 225 Cal.
Director of Public Prosecutions v Beard (1920) AC 479
Basdev v State of Pepsu, 1956 Cr LJ 919
R v Lipman, (1969) 3 All ER
R v Kingston, (1994) 3 All ER 353 HL
Poonai Fattemah, (1869) 12 W.R
Williams, (1923) 1 KB 340
Munney Khan v State, AIR 1971 SC 1491

Module- III.3.7 Offences affecting Human Body Session: 12

 Culpable Homicide
 Murder
 Causing death by negligence
 Abetment of suicide
 Attempt to commit the above three offences
 Causing miscarriage, exposure by children
 Hurt (Simple and grievous)
 Wrongful restraint and wrongful confinement
 Criminal force and assault
 Kidnapping, Abduction, Trafficking of person and Prostitution
 Homosexuality and Unnatural Offences
Cases:
R v Govinda IBL Bom 342
Versa Singh v State of Punjab AIR 1958 SC 465
K.M. Nanavati v State of Maharashtra AIR 1962 SC 605
Bachan Singh v State of Punjab AIR 1980 SC 898
Machhi Singh v State of Punjab AIR 1983 SC 957
Kehar Singh v Delhi Administration AIR 1988 SC 1883
State CBI/SIT v Nalini and others (1999) 105 Cr., LS 3124
Lachmi Koeri v State of Bihar AIR 1960 Pat. 62
Dukhi Singh v State AIR 1955 All 379
Dasrath Paswan v State of Bihar AIR 1958 Pat 190
Juggan Khan v State of M.P. AIR 1965 SC 831
S. Vardarajan v State of Madras AIR 1965 SC 942
Thakorilal D Vadgana v State of Gujarat 1973 sc 2313
Abdul Karim v State of Karnataka AIR 2001 SC 116

Module- III.3.8 Offences against Woman Session: 04

 Dowry death
 Cruelty against Woman by Husband or relatives
 Outraging the modesty of a woman
 Sexual harassment and punishment for sexual harassment
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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar
 Assault or use of criminal force to woman with intent to disrobe
 Voyeurism
 Stalking
 Insulting the privacy of a woman
 Rape
Cases:
Maruti Sripati Dubal v State of Maharashtra 1987 LJ 743
P Rathinam v Union of India AIR 1994 SC 1844
Gian Kaur v State of Punjab AIR 1996 SC 946
Rupan Deol Bajaj v K.P. Singh Gill (1995) 6 SCC 194
Tukaram v State of Maharashtra AIR 1979 SC 185
State of Maharashtra v Prakash AIR 1992 SC 1275
Bodhisattava Gautam v Subhra Chakroborty AIR 1996 SC 922
Priya Patel v State of M.P. AIR 2006 SC 2639

Module- III.3.9 Offences against Marriage Session: 03

 Mock Marriages
 Bigamy
 Adultery
 Criminal elopement
Cases:
Urmila v State 1994 Cr LJ 2910 (SC)
Sarla Mudgal v Union of India 1994 Cr LJ 2926 (SC)
Lily Thomas v Union of India AIR 2000 SC

Module- III.3.10 Offences against Reputation, Criminal Intimidation, Insult and Annoyance
Session: 02

 Criminal Intimidation
 Insult
 Statements conducive to public mischief
 Divine displeasure
 Misconduct in public by drunken person
Cases:
Mukund Matand Chitnis v Madhuri Mukund Chitnis AIR 1972 SC 1804
Harbhajan Singh v State of Punjab AIR 1966 SC 97

Module- III.3.11 Offences against Property Session: 04

 Theft along with aggravated forms

 Extortion
 Robbery
 Dacoity
 Criminal Misappropriation of Property
 Criminal Breach of Trust
 Receiving Stolen Property
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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar
 Cheating
 Fraudulent Deeds and Disposition of Property
 Mischief
 Aggravated forms of Mischief
Cases:
Behari Lal v State 1985 Cr LJ 1507 (Del)
Om Prakash v State AIR 1983 SC 431

Module- III.3.12 Offences relating to Violation of rights to Property and Document, Property
and Currency Session: 03

 Criminal Trespass
 House Trespass
 Lurking House Trespass
 House breaking including aggravated forms of house breaking
 Forgery
 Making a false document
 Forged document
 Falsification of accounts
 Other offences relating to documents

Module- III.3.13 Offences against State, Public peace, Tranquility and Religion
Session: 04

 Waging war
 Assaulting high officer
 Sedition
 Suffering escape of or harboring a State prisoner or prisoner of war
 Unlawful assembly
 Rioting
 Promoting enmity between classes
 Knowingly carrying arms in any procession or organizing, or holding or taking part
in any mass drill or mass training with arms
 Affray
 Injuring or defiling place of worship with intent to insult the religion of any class
 Deliberate and malicious acts, intended to outrage religious feelings of any class by
insulting its religion or religious beliefs
 Disturbing religious assembly
 Trespassing on burial places, etc.
 Uttering words, etc., with deliberate intent to wound the religious feelings of any
person

Module- III.3.14 Offences relating to Public Servants, their Authority, False Evidence and
Public Justice Session: 02

 Offences relating to Public Servants

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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar
 Contempt of the Lawful Authority of Public Servants
 False Evidence and Offences against Public Justice

Module- III.3.15 Offences relating to Elections Session: 02

 Bribery, Undue influence at elections and Personation

 Punishment for bribery, undue influence or personation
 False statement in connection with an election
 Illegal payments in connection with an election
 Failure to keep election accounts

Module- III.3.16 Introduction to International Criminal Law Session: 03

 War crimes
 Genocide
 Crimes against Humanity and Torture
 Terrorism
 Piracy
 Human Trafficking
 Transnational Crime

Module- III.3.17 Juvenile Delinquency, Drug Abuse and Drug Trafficking Session: 03

 Juvenile delinquency: Cause and effect

 Pick pocketing
 Vandalism
 Forcible rape
 Drug abuse: Introduction
 Alcohol Prohibition and Regulation
 Controlled substance
 Drugs and Crime
 Drug Trafficking: The Dynamics
 Money Laundering
 Control of Drug abuse and Drug Trafficking

Module- III.3.18 Prison systems, Correctional administration and Sentencing process

Session: 02

 Prison Reforms
 Custodial Torture in Prisons
 Open Prisons
 Prison and Correctional administration
 The Evolution of Correctional Philosophy and its effects on administration
 Sentencing Principles, Purposes, Factors
 Mental Impairment and Sentencing

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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar

4.0 Prescribed/Recommended Readings

Prescribed Readings

1. K.D. Gaur, Textbook on The Indian Penal Code (4th edn., Universal Law
Publishing Co. Pvt. Ltd., Delhi 2010)
2. Dr K I Vibhute, PSA Pillai’s Criminal Law (10th edn., LexisNexis
Butterworths Wadhwa Nagpur 2010)
3. Prof. S.N. Misra, Indian Penal Code (15th edn., Central Law Publications,
Allahabad 2007)
4. Dr. R. Prakash, O.P. Srivastava’s Principles of Criminal Law, (5th edn.,
Eastern Book Company 2010)
5. Ratanlal & Dhirajlal, The Indian Penal Code (33rd edn., LexisNexis
Butterworths Wadhwa Nagpur 2010)
6. K.D. Gaur, Criminal Law: Cases and Materials (6th edn., LexixNexis
Butterworths Wadhwa Nagpur 2009)
7. K.N. Chandrasekharan Pillai, General Principles of Criminal Law (Eastern
Book Company, Lucknow 2005

Recommended Readings

8. Glanville Williams, Text Book of Criminal Law (2nd edn., Universal Law
Publishing Co. Pvt. Ltd., Delhi 2009)
9. J W Cecil Turner, Kenny’s Outlines of Criminal Law (Universal Law
Publishing Co. Pvt. Ltd., Delhi 2010).
10. J W Cecil Turner, Russel on Crime (in 2 volumes, 12th edn., Universal Law
Publishing Co. Pvt. Ltd., Delhi 2012)
11. David Ormerod, Smith and Hogan Criminal Law (12th edn., Oxford
University Press, 2008)
12. Andrew Ashworth, Principles of Criminal Law (5th edn., Oxford University
Press, New York 2006)
13. R.C. Srivastava, Law Relating to Crime & Punishment (MLH Publications,
Allahabad 2013)
14. K.N. Chandrasekharan Pillai, Shabistan Aquil, Essays on the Indian Penal
Code (The Indian Law Institute 2008)

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Semester: III Course: Law of Crimes Faculty: Anant
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5.0 Law Commission of India Reports

1. 42nd Report of the Law Commission of India, The Indian Penal

Code, 1971
2. 50th Report of the Law Commission of India, The proposal to
include persons connected with Public Examination with the
Definition of “Public Servant” in the Indian Penal Code, 1972
3. 156th Report of the Law Commission of India, The Indian Penal
Code – vol –I, 1997
4. 156th Report of the Law Commission of India, The Indian Penal
Code – vol-II, 1997
5. 172nd Report of the Law Commission of India, Review of Rape
Laws, 2000
6. 202nd Report of the Law Commission of India, Report on Proposal
to amend Section 304 B of the Indian Penal Code,
7. 226th Report of the Law Commission of India, Report on the
inclusion of Acid Attacks on specific offences in the Indian Penal
Code & a law for compensation for Victims of crime,
8. 237th Report of the Law Commission of India, Report on
Compounding of (IPC) offences.

6.0 List of Acts of the Parliament of India

1. Commission of Sati (Prevention) Act, 1987

2. Dowry Prohibition Act, 1961
3. The Immoral Traffic (Prevention) Act, 1956
4. The Indecent Representation of Women (Prohibition) Act, 1986
5. The Child Marriage Restrain (Amendment) Act, 1979
6. Narcotic Drugs and Psychotropic Substances Act, 1985
7. Juvenile Justice (Care and Protection of Children) Act, 2000
8. Prevention of Women from Domestic Violence Act, 2005
9. Protection of Children from Sexual Offences Act, 2011
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Semester: III Course: Law of Crimes Faculty: Anant
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10. Sexual Harassment of Women at Workplace (Prevention,
Prohibition & Redressal) Act, 2013

7.0 Teaching Methodology

  1. Lecture Method
2. Case Analysis
3. Interactive sessions with students participation
4. Group Discussions
5. Using power point presentation

8.0 Evaluation Pattern

Evaluation: Marks
(Continuous & End Term)
Class Test – I ……………………………………….………………… 15
Class Test – II ………………………………….......................................... 20
Group Discussion …………………………………………………………. 15
End-Term Exam …………………………………………………………. 50
Total 100

9.0 Tentative Dates for Continuous Evaluation Tests/ Submission of Project/ GD, etc

1. Class Test – I ……………………………………………………… 08/08/2014

2. Class Test – II ............……………………………………………. 19/ 09/2014
3. Group Discussion ............... .............................................. 25/07/2014 to 30/08/2014

10.0 Important Instructions to Students

1. The given course-outline is tentative. The faculty-member may modify it while

preparing the reference material and engaging the classes.

2. The teaching methodology of the subject will not necessarily be bound by the
parameters shown here.

3. Both faculty-member and students may mould it according to needs as and when
they arise for better and progressive understanding of the subject in a flexible
way.

4. Active and positive class participation is mandatory. Maintaining the dignity and
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Semester: III Course: Law of Crimes Faculty: Anant
Deogaonkar
decorum of the class is compulsory.

5. The students are required to come to the class with necessary reading & shall
always carry the bare act which will be beneficial for positive participation in
lectures.

11.0 Contact Hours

Days: Tuesday & Thursday

Timings: 3.00 – 4.30 pm

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