MODULE 1

Introduction
 Introduction
• Section 1: The act be called as Bhartiya Nyaya Sanhita and is applicable to
all over India.

• Before 5 August 2019, IPC was not applicable to Jammu & Kashmir.
Rather, Ranbir Penal Code was applicable to the state of Jammu &
Kashmir.

• But, after the amendment in the Indian Constitution on 5 August 2019.

The special status of the Jammu & Kashmir under article 370 of the
Indian Constitution has been removed. So, IPC is applicable to all over
India including Jammu & Kashmir.
 Introduction
• All offences under BNS shall be investigated, inquired into, tried and
otherwise dealt with according to provisions of BNSS.

• Overlapping offences: Supreme Court in Sangeetaben Mahendrabhai Patel v

State of Gujrat, (2012) 7 SCC 621 has stated that if there is any offence in
BNS with other enactments does not mean that the offence can not be
tried under the IPC (BNS).

• Section 1(3): Every person shall be liable to punishment for every act or
any omission contrary to the provisions of the act.
 Introduction
• Section 1(4) be read with section 1(5). The code applies to offences
committed “in any place without and beyond” the territory of India;
1. By a citizen of India in any place without and beyond India
2. On any ship or aircraft registered in India, irrespective of its location by
any person (even if not a citizen).
3. Any person in any place without and beyond India committing an
offence targeting a computer resource located in India
State of Maharashtra v Mayer Hans George AIR 1965 SC 722
Supreme court held that even a foreign national cannot take the plea of
ignorance of law and is liable for punishment as per the provisions of the
IPC.
 Introduction
As mentioned in Section 1 Indian Penal Code, the criminal liability for
any crime arises based on the country in which the offence has been
committed, and not on the laws applicable in the country of the
person committing it.

Enrica Lexie Case (self Study)

Corporate criminal Liability

The company can and shall be liable for offences committed. And if
in the statute the vicarious liability is established then only the
directors or Managing Director can be punished for the wrongs done
by the company.
C.B.I v Blue Sky Tie-up Pvt. Ltd. 2012 AIR (SCW) 1098.
 Introduction
Exceptions.
1. Foreign Sovereigns
2. Diplomats
3. Alien Enemies (only where the act is connected with war)
4. Foreign Army
5. Warships
6. President and Governors (under Article 361)
MODULE 2

Definition
 Definition-Crime
An action committed or omitted, which constitutes an offence and is
punishable by law, is a crime.
Crime is an unlawful act that is forbidden and punished by the State
or the law. In other words, anything which is injurious to public welfare
is a crime.

According to Bentham,
“offences are whatever the legislature has prohibited for good or for
bad reasons.”
 Definition-Crime
According to Austin,
“a wrong which is pursued at the discretion of the injured party and
his representatives is a civil injury; a wrong which is pursued by the
sovereign, or his subordinates is a crime.”

According to Stephen,
“crime is an act forbidden by law and which is at the same time
revolting to the moral sentiments of the society.”
 Definition-Crime
Elements of crime
1. A person (real or artificial)
2.Evil intent or guilty mind on the
part of a human being. (Mens rea)
3.Any act committed or omitted in
accordance with the evil intent and
is forbidden by law. (Actus reus)
4.Injury
 Definition-Crime
Elements of crime
1. A person (real or artificial)
The first element of a crime is a person. Any wrongful act to be called
a crime must be done by a person. There must be a person under a
legal obligation to act in a particular way, and it must also be capable
of being punished.
 Definition-Crime
Elements of crime
2. Mens Rea
• The second essential element of a crime is mens rea or guilty mind or
evil intent. Mens rea refers to the mental element that is necessary
for a particular crime. Any wrongful act committed by a person
cannot be called a crime if committed without evil intent. There
must be an evil intent while doing an act.
• There is a well-known maxim– ‘Actus non facit reum nisi mens sit rea.’ It
means ‘the act itself does not make a man guilty unless his
intentions were so.’ From this maxim, there came another maxim-
‘actus me invito factus non est mens actus,’ which means ‘an act done by
me against my will is not my act at all.’
 Definition-Crime
Elements of crime
3. Actus Reus
The third element of the crime is actus reus. The criminal intent to be
punishable must be obvious in some voluntary act or omission. As
per Kenny, ‘actus reus’ is such a result of human conduct as the law
seeks to prevent. The act committed must be one that is forbidden
or punished by the law.

An act also includes omissions. A man is also held liable if some duty
is imposed upon him by law, and he omits to discharge that duty. An
omission must be a breach of a legal duty.
 Definition-Crime
Elements of crime

4. Injury is the last important, or we can say the essential element of a

crime. It must be caused illegally to another human being or a body
of individuals or society at large. ‘Injury’ has been defined in section 44
of the Indian Penal Code as ‘any harm whatever illegally caused to any
person in body, mind, reputation or property.’
 Definition-Crime
Elements of crime
 Definition-Crime
Mental Elements of Crime
• Intentions
• Motive
• Mens rea
• Knowledge
• Innocence
• Mistake of fact
• Mistake of Law
 Definition-Crime
Mental Elements of Crime
• Intentions: Purpose or design of abstaining or doing an act forbidden by
the criminal law without just cause or excuse.

An act is intentional if there exists an idea or desire before that act exists.

The word intent does not mean the ultimate aim or object

As a general rule, every sane man is presumed to intend the necessary or

the natural and probable consequences of his acts, and this presumption
of law will prevail unless from a consideration of all the evidence the Court
entertains a reasonable doubt that such intention existed.
 Definition-Crime
Mental Elements of Crime
• Motive:
If a man knows that a certain consequence will follow from his act, it must
be presumed in law that he intended that consequence to take place
although he may have had some different ulterior motive for performing
the act.
Motive though not sine qua non for bringing the offence home to the
accused, is relevant and important on the question of intention.
Absence of motive is a factor which may be considered in determining the
guilt of the accused.

If the actual evidence as to commission of the crime is believed, then no

question of motive needs to be established
 Definition-Crime
• Intention and motive differentiated
Intention Motive
1. Intention is the plan or decision to do something. It is a The underlying reason or drive for doing something is
clear and specific goal or objective that a person has in referred to as Motive. It is the emotional or combination
mind before and while taking an action. of psychological factors that prompt a person to take a
certain action. It is often an internal driving force that
compels a person to act in a certain way, and can be
influenced by personal beliefs, values, and experiences.

2. Focuses on the act itself. The intention is the plan or Focuses on the underlying reason for the act. The
decision to take a certain action. motive is the internal drive or emotional/psychological
factors that prompt a person to take a certain action.
3. Often observable through actions or statements. A May be difficult to discern. A person's motives may not
person's intentions can be inferred from their actions and be obvious and may require further investigation or
statements. understanding of the person's past experiences and
emotions.
 Definition-Crime
Mental Elements of Crime
• Mens Rea: Actus non facit reum, nisi mens sit rea (the intent and the act
must both concur to constitute the crime).

The full definition of crime contains expressly or by implication a

proposition as to the state of mind. Therefore, it is the mental
element of any conduct alleged to be a crime is proved to have been
absent in any case, the crime so defined is not committed, or if a
crime is fully defined, nothing amounts to that crime which does not
satisfy the definition.

Mens rea allows the differentiation between someone who did not
mean to commit a crime and one who intentionally set out commit a
crime.
 Definition-Crime
Mental Elements of Crime
• Mens Rea: In Subhash Shamrao Pachunde v State of Maharashtra (2005),
Appeal (crl.) 541 of 1999
The Supreme Court laid down that the involvement of mens rea,
which consists of four mental attitudes in the presence of any of
which the lesser offence becomes greater.
Sections under I.P.C. where mens rea is not required:
• Sec. 121 (waging war),
• Sec. 124 A (sedition),
• Secs. 359 and 363 (kidnapping and abduction), and
• Sec. 232 (counterfeiting coins).
 Definition-Crime
Mental Elements of Crime
In Sherra v De Rutzen (1895) 1 Q B 918 mens rea is an essential
ingredient in every offence except in three cases:
1. Cases not criminal in any real sense but which in public interest
are prohibited under a penalty
2. Public nuisance
3. Cases criminal in form but which are really only a summary mode
of enforcing a civil right.
 Definition-Crime
Mental Elements of Crime
Knowledge
Where knowledge of a fact is essential ingredient of an offence it
must be distinctly proved. There are certain offences in the I.P.C.
knowledge is irrelevant.

Innocence
Law presumes innocence until proven guilty.
 Definition-Crime
Mental Elements of Crime
Mistake of Fact
An erroneous mental condition, conception or conviction induced by
ignorance, misapprehension, or misunderstanding of the truth, and
resulting in some act or omission done.

Where through a mistake, a man, intending to do a lawful act; does

that which is unlawful, the deed and the will act separately; there is
not that conjunction between them which is necessary to form a
criminal act.
 Definition-Crime
Mental Elements of Crime
Mistake of Fact
But where an act is clearly wrong in itself, and a person, under a
mistaken impression as to the facts which render it criminal, commits
that act, he will be guilty of criminal offence.

Mistake of Law
Ignorantia Juris Non Excusat (Ignorence of law excuses no one). In State
of Maharashtra v M.H. George, 1965(1) CrLJ 641. Even if a new statute
has been passed recently and render it impossible that its knowledge
could have reached the place where offence has been committed,
yet the ignorance of statute cannot be an excuse.
 Definition-Crime
Stages of Crime
There are two major components of crime Mens Rea and Actus
Reus.
Mens Rea is the mental aspect of a crime while Actus Reus is the
physical (the act) part of the crime.

Both Mens Rea and Actus Reus. completely form the crime and
establish culpability.
 Definition-Crime
Stages of Crime
Four Stages of Crime
1. Intention
2. Preparation
3. Attempt
4. Actual Commission

Different stages help in determining the culpability of the

accused and determining the charges.
 Definition-Crime
Stages of Crime
Intention
• First stage of crime
• Mental State or Mens Rea
• Conscious decision
• Desire to commit the crime

Individuals are not punished for their evil thoughts or unlawful

intentions under the law. Criminal intent alone cannot be punished
until a crime has been committed with that intent
 Definition-Crime
Stages of Crime
Preparation
• Second stage of crime
• Taking actions towards execution
• Make arrangements, gathers resources, plan the details
• Yet to take concrete steps towards execution

Except a few none of the offences are punishable at the

preparation stage.
 Definition-Crime
Stages of Crime
Preparation
When the offence is regarded as a serious offence, preparation to
commit offences is penalized under the BNS. A few of them are
mentioned below:
• Warfare preparations against the government (Section 149 of BNS).
• Preparing coins or government stamps for counterfeiting (Sections
181 and 178, BNS).
• Having counterfeit money, fraudulent documents, or fake weights
and measurements (Section 180).
• Making plans to commit dacoity (Section 310(4) of BNS).
 Definition-Crime
Stages of Crime
Attempt
• Third stage of crime
• Taking direct actions towards the commission of the intended
offences
• Physical or overt action towards crime
• The offence is not fully consummated.

Under certain provisions of BNS attempt is made punishable.

 Definition-Crime
Stages of Crime
• In some cases, the commission of offences and attempt to commit
that offence have been dealt with the same section and the same
punishment is prescribed for both. Such provisions are contained
in Sections 147, 151, 153, 158, 159, 195(1), 196, 233, 235, 237, 250, 179,
308(3), 308(4), 308(6), 310, 309, 311, 331(7) and 331(8).

• Attempt to commit offence and commission of the same offence,

both have separate punishment in BNS e.g., Section 103(1) dealt with
punishment of murder and Section 109 dealt with an attempt to
murder.
 Definition-Crime
Stages of Crime

• Section 309 dealt with punishment of attempt to commit suicide

(Now Repealed).

• There are some cases where no specific provisions are made

regarding an attempt. Section 62 of the BNS deals with such type of
cases, which provided that accused shall be punished with ½ of the
longest term of imprisonment mentioned for the offence or with
fine mentioned for offence or both.
Definition-Crime
Stages of Crime

An attempt is defined in the case of Aman Kumar v. State of

Haryana(Appeal (crl.) 1016 of 1997 as follows:
• Attempt consist in it the intent to commit the crime.
• If any person failed to achieve that intention.
 Definition-Crime
Stages of Crime

Abhayanand Mishra v state of Bihar (1961 AIR 1698,)

In this case, the Supreme Court has described essential elements of
‘Attempt’ as follows:
• i) Accused has an intention or means rea to commit the intended
offence.
• ii) He has taken a step forward (that is an act or step which was
more than preparatory to the commission of the intended offence
towards the commission of the contemplated offence).
• iii) He failed to commit that intended offence by any reason.
 Definition-Crime
Impossible Attempt
If a person attempts to commit a crime which is impossible,
then also it will be punishable under the BNS.
 Definition-Crime
Difference between attempt and preparation
Attempt Preparation
An attempt to commit a crime starts as The preparation steps include
soon as the preparation is finished. contemplating, devising, or planning the
procedure needed to carry out the crime.

An attempt is punishable by law. Preparation is not punishable by law.

If a person accomplishes the 3rd stage, It is well established in the IPC that there is
attempt, the crime is completed. The first the intention of wrongdoing, then
offence is not completed if the attempt preparation to commit and attempt to
fails. commit every crime. Preparation does not
mean the completion of a crime.
 Definition-Crime
Stages of Crime

Actual Commission:
It is when the act intended and prepared results in successful
attempt and result is what was desired.
Definition-Crime