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Crime

Criminal law in India has three main objectives: to define crimes, prescribe punishments, and establish investigation/trial procedures. The key sources of criminal law are the Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act. The IPC defines various common crimes and their associated punishments. The CrPC lays out procedures for police investigation and trial in courts. The Evidence Act specifies how evidence can be submitted and proven in court cases. Special and local laws also define additional crimes outside the scope of the IPC.

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80 views

Crime

Criminal law in India has three main objectives: to define crimes, prescribe punishments, and establish investigation/trial procedures. The key sources of criminal law are the Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act. The IPC defines various common crimes and their associated punishments. The CrPC lays out procedures for police investigation and trial in courts. The Evidence Act specifies how evidence can be submitted and proven in court cases. Special and local laws also define additional crimes outside the scope of the IPC.

Uploaded by

Aby Skaria Plappillil
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CRIMINAL LAW

INTRODUCTION
 The term 'Crime' denotes an unlawful act and this unlawful act is punishable
by a state.
 A common principle about Criminal Law is that, unless an activity is
prohibited by law, it does not qualify as a crime. Incidents of crime hurt not
only
the individual, but also the state.
 Therefore, such acts are forbidden and punishable by law.
 The body of laws which deals with imposing
punishments on crimes is known as Criminal Law.

WHAT DO WE UNDERSTAND BY CRIME?


 Categories of crimes
 Stages of crime
 Elements of crime
 Intention and motive
Elements of Crime: Guilty Act and Guilty Mind
 To be classified as a crime, the act of doing something bad (actus reus) must
be usually accompanied by the intention to do something bad (mens rea).
 A crime is said to exist usually when both these elements are present.
 Unless this mental element is present, no act is usually criminal in nature. So,
all crimes have a physical element and a mental element, usually called actus
reus and mens rea respectively.

“actus non acit reum nisi mens sit rea”


 The principle of actus reus and mens rea are embedded in
the Latin maxim.
 This latin maxim means that an act does not make one guilty unless the mind
is also legally blameworthy.
 In other words, for a physical act to be termed a crime, it must be
accompanied by the necessary mental element.
CRIMINAL LAW IN INDIA
Objectives
 Sources
 Indian penal code,1860
 Criminal procedural code,1973
 Indian evidence act,1872
 Crimes-Special & local laws

The Purpose Of Criminal Law In India


to define a variety of crimes e.g. theft, cheating, murder, etc.
to prescribe appropriate punishment for each crime e.g. imprisonment or fine,
and
to lay down suitable investigation and trial procedures.

Sources of Criminal Law


 The Indian Penal Code, 1860, which defines various crimes such as murder, theft, etc.
 Code of Criminal Procedure, 1973, which lays down the procedure for both the police to
investigate crimes and for trial of offences.
 The Indian Evidence Act, 1872, which stipulates the kind of evidence admissible in court.
 Special Criminal Laws passed by the Parliament or State Legislatures such as the
Prevention of Corruption Act, Food Adulteration Act, Dowry Prevention Act, Commission of
Sati Act etc.

INDIAN PENAL CODE, 1860


 The Indian Penal Code was passed in 1860 and came into force in 1862.
 INSPIRATION- French Penal Code and Code of Louisiana in the US.
 The Indian Penal Code is divided into 23 chapters, comprising over 500 sections.
 The Code starts with an Introduction, provides explanations and exceptions used in it, and
then lists a wide range of offences.

Indian Penal Code (IPC) covers the substantial part of criminal law in India. It
defines various common criminal offences.
For example, it defines murder, theft, assault and a number of other offences
and also stipulates appropriate punishments for each offence.
Criminal Procedure Code, 1973 (CrPC)
The object of the Criminal Procedure Code is to provide a
mechanism for the investigation and trial of offenders.

 It lays down the rules for conduct of investigation into


offences by the police proceedings in court against any person
who has committed an offence under any Criminal law,
whether it is IPC or a Crime classified under any other law.
Indian Evidence Act 172

 The Indian Evidence Act stipulates how facts can be proved


through evidence.
 One of the main objectives of the Evidence Act is to
prevent the inaccuracy in the admissibility of evidence and to
introduce a more correct and uniform rule of practice.
 The main principles which form the foundation of Law of
Evidence are
 evidence must be confined to the matter at hand
 hearsay evidence must not be admitted
 best evidence must be given in all cases.

The Act is divided into three parts:


Part I - Relevancy of facts or what facts may or may not be proved.
These are dealt 2 with in detail in (Sections 5 to 55).
 Part II - How the relevant facts are to be proved? The part deals
with matters, 2 which need not be prove under law and also how
facts-in-issue or relevant facts are proved through oral and
documentary evidence (Sections 56 to 1).
Part III - By whom and in what manner must the evidence
be produced. It deals 2 with the procedure for production of
evidence and the effects of evidence (Sections 11 to 167).
Crimes under the Special Acts and Local Laws

Certain acts are to be considered criminal acts even when


they are not to be found in IPC. This is because they have
been identified as crimes in Special and Local Laws.

 Arms Act, 1959


 Narcotic Drugs & Psychotropic Substances Act, 1985
 Gambling Act, 1867
 Excise Act, 1944
 Prohibition Act
 Explosives & Explosive substances Act, 1884 &1908
 Immoral Traffic (Prevention) Act, 1956
 Railways Act, 1989
 Registration of Foreigners Act, 1930
 Protection of Civil Rights Act, 1955
 Indian Passport Act, 1967
 Other crimes (not specified above) under Special and
Local Laws including Cyber Laws under Information
Technology
 Act (IT), 2000.

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