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Law of Crime

The document provides a comprehensive overview of crime as defined under IPC, including its elements, types, and jurisdictional aspects. It distinguishes between wrongful restraint and wrongful constraint, as well as hurt and grievous hurt, and outlines the definitions and punishments associated with sedition and assault. Additionally, it details various types of crimes and punishments, highlighting the legal framework surrounding criminal acts.

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Gopi Krishna
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10 views2 pages

Law of Crime

The document provides a comprehensive overview of crime as defined under IPC, including its elements, types, and jurisdictional aspects. It distinguishes between wrongful restraint and wrongful constraint, as well as hurt and grievous hurt, and outlines the definitions and punishments associated with sedition and assault. Additionally, it details various types of crimes and punishments, highlighting the legal framework surrounding criminal acts.

Uploaded by

Gopi Krishna
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Crime

1. Definition of Crime

The term crime has been defined u/s. 40 of IPC, Crime means any act, which is punishable by
imprisonment or fine or both. When crime is committed then state is one of the parties to prosecute
criminal. When crime is committed in particular section, then court may furnish according to all
section. Which have been provided in the court. If it is not proved, then court make acquittal.
Punishment cannot be given which is mentioned for particular crime. Judge can give even less
punishment by considering facts of the case, Appeal is allowed to superior court, by accused when
there is conviction and by prosecutor when there is acquittal.

2. Essentials of Crime

To constitute Crime, the following elements are to be satisfied

1. Human Being
2. Mens Rea (Evil Intent
3. Actus Rea (Act or Omission)
4. Injury

3. Territorial Jurisdiction

It means where crime, is committed. Court can entertain such cases. Ex. A person came from Delhi
and committed theft in Hyderabad. There is Jurisdiction of Hyderabad court to conduct is trial.

4. Extra Territorial Jurisdiction

When any foreigner comes to India and committee crime at any place. Then respective court have
jurisdiction to furnish his according to law.

5. Types of Crime

● Crimes Against Persons


● Crimes Against Property
● Crime against State
● Crime against public tranquillity
● Crimes Against Morality
● Organized Crime
● Hate Crime

6. Types of Punishment
● Imprisonment – Rigorous and Simple
● Imprisonment for Life
● Death Penalty or Capital Punishment
7. Wrongful Restrain Vs Wrongful Constraint

Wrongful Restrain Whoever voluntarily obstructs any person so as to prevent that person from
proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain
that person.

● Defined by (Sec 339)


● Punishment: imprisonment for a term which may extend to one month, or which fine may
extend to five hundred rupees, or with both

Wrongful Constraint means, a person is wrongfully restrained from proceeding beyond certain
circumscribing limits.

● Defined by (sec 240)


● Punishment: punished with simple imprisonment of either description for a term which may
extend to one year, or with fine which may extend to one thousand rupees, or with both.

8. Hurt Vs Grievous Hurt

Hurt: Section 319 of the Indian Penal Code defines the offence of hurt. Causing Hurt is basically
causing bodily pain, disease, or infirmity to any person. It covers only physical pain and not mental
pain.

● For hurt to be punishable, it must be accompanied by other offences


● The offence of hurt is non-cognizable, bailable, and triable by any Magistrate.

Grievous Hurt: Section 320 of the IPC deals with the definition of Grievous hurt and Section 322
deals with the offence of ‘voluntarily causing grievous hurt’.

● grievous hurt is punishable in itself.


● The offence of grievous hurt is cognizable, bailable, compoundable with the permission of
the Court.

9. Sedition

IPC's Section 124A defines sedition as: “Whoever, by words, either spoken or written, or by signs, or
by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or
excites or attempts to excite disaffection towards, the government established by law in India, shall
be punished with imprisonment which may extend to three years, to which a fine may be added, or
with fine.”

10. Assault

Section 351 defines Assault as Whoever makes any gesture, or any preparation intending or knowing
it to be likely that such gesture or preparation will cause any person present to apprehend that he
who makes that gesture or preparation is about to use criminal force to that person, is said to
commit an assault.

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