Unit I

Chapter I Introduction
General Principles of Crime, Conception of Crimes; Distinction between
Crime and other wrongs under common Law.
Principles of criminal liability –Actus reus and mens rea ( also statutory
offences) and other maxims, variations in liability - Mistake, intoxication,
compulsion, legally abnormal persons; Possible parties to the crime;
Principal in the I degree, Principal in the II degree, Accessories before the
fact ; Accessories after the fact.
Indian Penal Code : General explanation : From Section 1 to 5, Section 6, 7
and Sections 21 to 30, 32 to 37 and sections 52 &52A, Punishments: from
Section 53 to 55A, 63, 64, 65 Section 73 to 75.
 Unit I
Chapter I Introduction
What is Crime ? Explain the difference between Crime and Tort?
Introduction: The criminal law consists of rules for regulating human
conduct promulgated by State and are uniformly applicable to all persons
and is enforced by punishment.
The Concept of Crime:
Perception of crime has undergone a radical change over the years,
Generally speaking, crime is a human conduct which the society generally
abhors or disapproves. But in the modern sense of the term, whatever is
prohibited by the penal law in force is deemed as a crime, the consequence
which is punishment. IPC is a comprehensive code intended to cover
substantive aspects of Criminal law. It is not procedural law like Cr.P.C. This
code was drafted in 1860 on the recommendations of first law commission of
India established in 1834, under the Charter Act of 1833 under the
Chairmanship of Lord Babington Macualay. Commenced in January 1862.
The IPC of 1860 , is sub divided into 23 Chapters and 511 Sections.
Definitions of crime:
The word ‘Crime is derived from Greek expression ‘Krimos’ which means
social order and it is applied ‘to those acts that go against social order
and are worthy of serious condemnation.’
Crime has been defined by various writers, but no definition tells us
everything about a crime. In fact, the very definition of crime depends on
the values of a given society. The Code itself does not define crime .
Salmond, defines crime as: “a crime is an act deemed by law to be
harmful to Society in general, even though its immediate victim is an
individual”.
According to Bentham, offences are whatever the legislature has
prohibited for good or for bad reasons. If the question relates to a
theoretical research for the discovery of the best possible laws according
to the principles of utility, we give the name of offence to every act which
we think ought to be prohibited by reasons of some evil which it produces
or tends to produce.
Sir william Blackstone in his “Commentaries on the Laws of England” has
defined crime in two ways: as (i) “an act committed or omitted in violation
of a Public law either forbidding or commanding it.” (ii) “A crime is a
violation of the public rights and duties due to the whole community,
considered, as a community in its social aggregate capacity”.
Sir James Stephen, while modifying the Blackstone’s definition, states, “A
crime is a violation of a right, considered in reference to the evil tendency of
such violation as regards the community at large”.
In T. K . Gopal v. State of Karnataka, SCC, 2000, the Supreme Court
attempted a definition for crime Thus; “an act that subjects the doer to legal
punishment”. It may also be defined as commission of an act as specifically
forbidden by law; it may be an offence against morality or social order.
In Indradeo mahto v. State of W.B1973, SCC, the Supreme Court has said
that the real test to differentiate crime from civil wrong is the degree and
extent of the disturbance an act causes to the normal balanced peaceful
tempo of civil Life of a community.
In Harpreet Kaurv. State of Maharashtra, SC 1972, the SC opined that,
Crime is a revolt against the whole society and an attack on the
civilization of the day. Order, is the basis need of any organized civilized
society and any attempt to disturb that order affects the society and the
community.
We find that it is very difficult to get a definition of crime suitable to all
countries for all the time. The following are, according to Jerome Hall,
interrelated and overlapping differential of crime.
1. There must be some external consequences or ‘harm’ to social
interests.
2. The harm must be ‘prohibited’ by penal laws.
3. There must be ‘conduct’ that is intentional or reckless action or
inaction that brings prohibited harm.
4. There must be ‘mens rea’ or’ criminal intent’.
5. There must be concurrence of ‘,mens rea’ and conduct.
6. There must be a ‘casual relation between the legally prohibited harm
and the voluntary misconduct.
Nature of Crime:
Law prescribes certain standards of conduct to be observed by people in
society . These standards have the approval of the society in general. Any
deviation from the standards of behavior fixed by the society is punished.
Therefore, such conduct which does not accord with the prescribed
standard is loosely known as crime.
A crime contains two elements, they are:
(i) mala-in-se, and
(ii) ‘mala prohibita’
Some of the traditional crimes like murder, theft and rape etc., are known
as ‘mala-in se’, while various other crimes, in which there is no element of
immorality in the traditional sense are known as ‘mala-prohibita’ for
example traffic violations and fines.
Crimes are not static, they are relative. Crimes differ from country to
country and time to time. For example adultery was mala-prohibita in India
all these years but now it is decriminalized. Whereas in England it is not
prohibited at all.
Polygamy is prohibited among Hindus by the Hindu marriage Act, 1955, but
there is no such law of Mohammedans. They can marry 4 women at a
time.
there is vast difference between crime , sin, social wrongs and moral
wrongs. The reason is that a crime is forbidden by law. There is also a
prescribed procedure and machinery to punish the persons who commit
crime, whereas there is no mechanism to punish anyone in the case of the
sin, social or moral wrongs.
Sin is concerned with religion. Therefore if any person commits a sin, it is
aid that he will be punished by God himself. What is ‘sin’ is dictated by the
particular religion to which he belongs. Likewise, social and moral wrongs
are wrongs only in the eyes of moral codes, or in social rules, but they are
not recognized wrongs in the eyes of law.
Distinction between Crime and Torts (Civil wrongs)
There are certain acts which are not approved by most of the people in a
civilized society, because they have a tendency to reduce the sum total
of human happiness to conserve which is the ultimate aim of all laws.
Such acts are known as wrongs for example forgery, cheating , stealing
and homicide etc. The evil tendencies of these acts differ in degree.
Some of them are considered serious enough so as to attract the notice of
the laws, others are only disapproved by the society. The latter are known
as moral wrongs and are created by the laws of the community or the
laws of religion. The reaction of therein former is grave enough and is
expressed either by asking the wrong-doer to pay damages to the person
injured or awards punishment. Cases, where the wrong-doer is ordered to
indemnify the person injured are known as civil wrongs and where he
awarded punishment are known as Crimes.
Both crimes and Torts directly affect the community. They overlap each
other and many crimes include tort within them.
Tort is a civil wrong which is a breach of some duty between
citizens defined by the general law, which creates a civil cause of action.
Every tortious act does not amount to a crime, nor does every crime
include a tort. Thus, mistaken or innocent trespass to one’s land or
private nuisance is a tortious act, but is not a crime as there is no
element of danger to the public interest.
Both Crime and tort resemble each other in two respects, namely
(i) Tort and crime are violation of right in rem;
(ii) They are fixed by law irrespective of the consent of the parties, unlike
contract.
Some of them are only torts and not crimes, for example: Conversion,
nervous shock, private nuisance, malicious prosecution, tortious
conspiracy, slander of goods etc.
Few examples of crimes which are not treated as torts: they are forgery,
perjury, culpable homicide, rape, etc.
Some examples for both crimes and torts: Assault, battery(criminal
force), deceit, defamation, negligence, false imprisonment, trespass etc.

Difference between Crime and Tort are:

 CRIMES TORTS
1. A crime is a pubic wrong which A tort is a civil wrong. It gives
results in punishment. rise to civil proceedings.
2. A crime is a breach of the public A tort is a violation of the private
rights and duties which affect rights of an individual. It causes
the whole community. injury or damage to an individual
or group of individuals.
A tort is tried in Civil Court.
3. A crime is tried in Criminal
Court.
4. In a crime, the victim is an In Tort, the plaintiff is the
individual. The Criminal injured party
proceedings against the wrong
does are instituted by the state.
The purpose is awarding
5. The object of the Criminal law is compensation to the injured
to protect the community or party. In a tortious wrong is to
society by preventing and make good the loss suffered by
deterring the offenders from him.
further offences.
 CRIMES TORTS
6. Crimes arises on account of Statutory No legislation for it, based on only a
enactments. It has an Act called common law or Judge made law. or
Indian Penal Code and other criminal Case law governess the
legislations. determination of compensation.
They are not codified.
7. All the Crimes are defined and While dealing with civil wrongs
punishments are prescribed and natural principles of justice, good
criminal law is codified. Strict rules of conscience, equity etc., are
procedure and principles are followed followed in fixing the wrong-doer’s
in fixing the liability of the criminal. liability.
8. Generally an act shall not be Mens rea and intention has no
punished as a crime, unless there is place in tort.
intention and mens rea.
Burden of Proof lies on the injured
9. In Criminal cases, burden of proof lies complainant.
on the State. The injured becomes a
witness only. In case of death of a tort feasor, his
legal representatives can be sued ,
10. Death of an offender puts an end to
prosecution. except in cases of defamation
assault, etc.
 CRIMES TORTS
11.There is no bar of limitation to a
prosecution for a crime, except in Limitation is a bar to an action in
certain cases as per Section 468, tort.
Cr.p.c.
12.The person who commits crime is
called accused , before guilt is The person who commits tort is
proved and convict or criminal called ‘the tort feasor’ or ‘wrong
after guilt is proved. doer’.
13.Criminal law, generally, does not
permit settlement of a case by
compromise between parties. Law permits the parties to settle
However section 320 of the IPC the dispute. In other words, the
provides for an exception to this plaintiff can withdraw the suit filed
rule. by him.
14.The offender is punished by the
State, such punishment may be
fine or imprisonment. The nature The wrong-doer has to
of punishment is heavy. compensate the aggrieved party,
such compensation may be
CRIMES TORTS
15.The amount collected by The payment made by the
way of penalty and fine is not wrong doer as compensation
paid to the victim, but the goes to injured party.
amount is credited into State
account.
Civil law is the latest subject.
16.Criminal law is the oldest law.
 Distinction between Crime and Breach of
Contract
CRIME BREACH OF CONTRACT
1. The injured party cannot sue for But, in case of breach of contract,
damages. The injury to the the injured party has right only for
victim is deemed as an injury to liquidated damages. That is, pre-
the society. It is the violation of settled or actual damages.
public right. Hence the State
prosecutes the accused. The
burden of proof lies upon the
State. If the wrongful act is
proved, the accused is put in
imprisonment or imposed fine or
both . It is credited into the
state’s account.
2. The object of the criminal law is
to protect the peace of the While, the object of law on the
society. breach of contract is to protect the
rights of the parties in a contract.
CRIME
BREACH OF CONTRACT
3. Mens rea , is an important factor Where-as, in breach of contract ,
in imposing Criminal liability the motive is not an essential
upon the wrong-doer. factor. The defaulting party has to
pay the pre-settled and actual
damages.
4. A wrongful act is an infringement But, in a breach of contract is an
of ‘right in rem’. The wrong doer infringement of a ’right in
has a ‘duty in rem’, that is he personam’, that is a right available
should not do harm or injury to only against some determinate
any person. It is a statutory person or body and for which the
duty. community at large has no
concern.
5. The criminal law which deals
with crimes and offences is a Whereas breach of contract is a
separate branch . species of law of contract, which
belongs to civil law.
CRIME BREACH OF CONTRACT
6. The Criminal law is completely While the law relating to
codified . contracts considers certain trade
customs, though is a species of
law of contact, which belongs to
civil law.
7. In Crime, the victims is not
paid damages. The accused is
sent to jail or imposed fine or In breach of contract, the party is
both. The fine goes to the entitled only for actual damages.
State.
Question: Explain the different stages of Crime?
A crime is an act committed or omitted in violation of public law forbidding
or commanding it . Commission of a crime involves four stages, namely;
1. Intention
2. Preparation
3. Attempt and
4. Accomplishment.
1.Intention or contemplation: Intention is the first stage in the commission
of an offence. Without intention, there is no commission of an offence.
Intention is a term which is very difficult to define. It can be variously said
to mean the object, purpose, the ultimate aim or design behind doing an
act. Intention has been defined as the fixed direction of the mind or a
particular object, or determination to act in a particular manner and is
distinguishable from motive that which incites or stimulates action.
5. Every sane person of the age of discretion is presumed to intend the
natural and probable consequences of his own acts. Every actual
consequence is a natural
And probable consequences , unless and until the contrary is affirmatively
shown.
Intention is the result of working of the brain. To form intention, he should
conceive the idea of performing legally harm. It is immaterial whether the
person conceiving such an idea knows that it is illegal to perform it. At this
stage there is no action taken to harm anybody.
‘Criminal intention’ means the purpose or design of doing an act forbidden
by the criminal law without just cause or excuse. The Court must have
proof of facts sufficient to justify it in coming to the conclusion that the
intention existed .
Intention to commit the crime is not punishable in India. , unless it is made
known to the other either by words or conduct. However law takes notice of
such intention in certain offences, even without letting it to be known to
others. For example,
1. In waging war against the Government(section 121 to 123 od IPC.
2. Sedition(Section 124A of IPC).
3. Further, mere assembly of persons for committing the dacoity without any
further preparation is punishable under Section 402 of IPC.
2. Preparation : the second stage in commission of a crime is ‘preparation
Preparation means ‘to arrange the means or measures necessary for
commission of the intended criminal act.
At the stage of preparation, the intention to cause harm starts
manifesting itself in the form of physical actions. Preparation consists of
arranging or building things that are needed to commit the crime. For
example purchasing knife.
Preparation is driven by motive. Motive is an inducement or that which
leads or tempts the mind to indulge in a criminal act. It sometimes becomes
vey difficult for the prosecution to prove that necessary preparation as been
made for the commission of the offence. For example, purchasing knife with
the intention to kill someone is not a crime, because it cannot be determined
whether the knife was bought to kill someone or to cut vegetables.
Preparation itself constitutes the actus reus. Mere preparation is punishable
under the Indian Penal Code in respect of the following offences:
(i) Waging War (Section 22)
(ii) Preparation to commit dacoity (Section 399)
(iii) Preparation for counterfeiting coins and Government stamps (Sections
233 to 235, 255 and 257
(iv) Possessing counterfeit coins, false coins, false weights or measurement
and forged documents.(Section , 242, 243, 259, 266 and 474).
3. Attempt: the third stage in commission of a crime is ‘attempt’. It is also
known as ‘Preliminary Crime’. An attempt to commit a crime is an act
done with intent to commit that crime, and forming part of a series of
acts which would constitute the actual commission, if it were not
interrupted or failed. This stage of attempt is attained by performing
physical action that, if left unstopped, cause or are bound to cause injury
to someone. If the person is left unrestricted, the person has absolutely
no intention to abandon his plan. An attempt to commit a crime is
considered a crime because if left unpunished, crime is bound to happen
and prevention of crime is equally important for a healthy society.
Both preparation and attempt are physical manifestations of the criminal
intention.
But attempt goes a lot further than preparation towards the actual happening
of crime. While in preparation, there is a possibility that the person may
abandon his plan, but attempt leaves no room for that. For example keeping
a pistol in pocket and looking for the enemy to kill is a preparation because
one can abandon the plan any time, but taking out the pistol and pulling the
trigger is attempt to commit leaving no room for turning back. The following
are the essentials of attempt:
(i) Guilty intention to commit an offence;
(ii) Some act done towards the commitment of the crime; and
(iii) The act must fall short of the completed offence.
4. Commission of crime or Accomplishment: actual commission of the
offence is the final stage where the crime is actually done. If the accused
succeeds in his attempt, he is guilty of the offence. For example, ‘A’ fires
at ‘B’ with an intention to kill him. If ‘B’ dies, ‘A’ is guilty of murder. If ‘B’
is injured , ‘A’ is guilty of attempt to murder. there is one more state
added to the Crime. It is:
5. Reaction: reaction is how the criminal feels about what he had done.