PAPER 6.5 LAW OF CRIMES – I (AMBEDKAR UNIVERSITY)

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 PAPER 6.5. LAW OF CRIMES–I 

 

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36 This paper shall consist of following two parts: (a) Written paper — 70 marks (b) Internal examination — 30 marks (15+10+5) Mid Semester Test: 15 marks Project/Assignment:10 marks Presentation: 05 marks The candidate must pass in part (a) and (b) separately. For passing, he shall be required to obtain 36 percent marks in each part, i.e. 25 marks out of 70 and 11 marks out of 30 marks. (1) The question paper shall be divided into two (02) Parts viz. Part – A and Part – B. (2) Part – A shall consist of five (05) compulsory questions of two (02) marks each whereas Part – B shall consist of seven (07) questions. The Candidate is required to attempt any four (04) questions. All questions carry equal marks. (3) The prescribed syllabus includes latest amendments in the subject wherever applicable.

 

OBJECTIVES OF THE COURSE: Crimes take place in almost all societies. Therefore, almost every country has criminal laws. Criminal law of a country must contain the substantive criminal law, the procedural criminal law and law relating to evidence. The basic core substantive criminal law in India is contained in the Indian Penal Code, 1860. The procedural criminal law is in the form of Code of Criminal Procedure, 1973 and the evidence law has been codified in the Indian Evidence Act, 1872. It is necessary for the students of law to know these laws. The Indian Penal Code, 1860 has been divided under two parts – Criminal Law–I and Criminal Law–II which deal with general principles and specific offences respectively and are part of the syllabus of Seventh and Eight semesters in that order.

 

UNIT - I Nature and Definition of Crime; Crime and Offence; Crime and Tort; Criminal Law and Criminal Science; Principle of Criminal Liability: Et Actus Non Facit Reum Nisi Mens Sit Rea; Applicability of this Principle in India; Burden of Proof on the Prosecution: Presumption of Innocence of Accused; Interpretation of Penal Statutes; Theories of Punishment: Retributive, Expiatory, Deterrent, Preventive and Reformative; Protection in Respect of Conviction for Offences (Article 20, Constitution of India); Protection Against Arrest and Detention in Certain Cases (Article 22, Constitution of India);

UNIT - II Stages of Crime: (1) Mental, (2) Preparation, (3) Attempt and (4) Completion; Mental Stage Generally not Punishable; Preparation Generally Not Punishable; But when is a preparation punishable?; Inchoate Crime: Meaning and Contents; Attempt: (1) Impossible, (2) Possible; Impossible Attempt: Impossible Attempt to Body Offence Generally Not Punishable but Impossible Attempt to Property Offences Generally Punishable; Possible Attempt:Mainly Sections 307 and 309; Possible Attempt Generally Punishable; Constitutionality of Attempt of Commit Suicide (Section 309);

UNIT-III Title and Extent of Operation of the Indian Penal Code (Section-1);Territorial Jurisdiction (Sections 2, 3, 4); Certain Laws not to be affected by the Indian Penal Code (Section 5)General Explanations (Sections 6 to 52–A, ExceptSection 34 to 38);Punishments (Sections 53, 54, 55, 55–A, 57, 60, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75);

UNIT - IV General Exceptions (Sections 76, 79, 84, 85, 86, 96, to 106); General Exceptions (Sections 77, 78, 80, 81, 82, 83, 87, 88, 89, 90, 91, 92, 93, 94, 95); Abetment and Abettor (Mainly Sections 107, 108, 108–A, 111, 113, 305 306, 109 and 114);

 

UNIT - V Joint Liability, Constructive Liability, Vicarious Liability (Sections 34, 35, 36, 37, 38, 141, 142, 143, 145, 146, 147, 148, 149, 153–A, 153–B, 159, 160); Criminal Conspiracy (Sections 120–A, 120–B); Difference between Criminal Conspiracy and Abetment By Conspiracy;

 

LEADING CASES: 1. R.S. Nayak v. A.R. Antulay AIR 1984 SC 684 2. Ranjan Rai v. State of Bihar 2006 CrLJ 163 (SC) 3. Dalip Singh v. State AIR 1993 SC 2119 4. Shrikant Anandrao Bhosale v. State of Maharashtra 2002 CrLJ 4356 (SC) 5. Guljara Singh v. State 1971 CrLJ 498 (SC) 6. Munshi Ram v. Delhi Administration AIR 1968 SC 702 7. State (NCT of Delhi) v. Navjot Sandhu 2005 CrLJ 3950 (SC) 8. Bhimrao v. State of Maharashtra 2003 CrLJ 1204 (SC) 9. Kallu v. State of Madhya Pradesh 2006 CrLJ 799 (SC) 10. Gyan Kaur v. State of Punjab JT (1996) 3 SC 339