PAPER-2.2 Law of Crime (IPC)) (Question-Answer Series) H अपराध विधि

Ambedkar LLB 2nd year (Question-Answer Series) Law of Crime (IPC))

The book prepared according to following syllabus Question-Answer Format in Hindi Medium. 

PAPER 2.2. LAW OF CRIMES INDIAN PENAL CODE, 1860

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from each unit. The candidate is required to attempt five questions, one question from each unit is compulsory. All questions carry equal marks.

(2) The prescribed syllabus includes latest amendments and relevant judgments in the subject wherever applicable.

OBJECTIVES OF THE COURSE: The primary objective of criminal law is to maintain law and order in the society and to protect the life and liberty of people. It is for this reason that the people place their ultimate reliance on this branch of law for protection against all injuries that human conduct can inflict on individuals and institutions. Due to these reasons, the penal law cannot afford to be weak, ambiguous or ineffective, nor can it be harsh and arbitrary in its impact. The application of criminal law has to be uniform regardless of any discrimination on grounds of class, caste, religion, sex or creed etc. of either the criminal or the victim. This paper has been so designed as to generate critical thinking among the students about the stated objectives of criminal law and enable them to scrutinize the recent developments and changes that have taken place in the field including the major amendments made to the Code in the years 2013 and 2018. UNIT- I Nature and Definition of Crime, Crime and Offence, Crime and Tort, Criminal Law and Criminal Science, Principle of Criminal Liability: Actus Non Facit Reum Nisi Mens Sit Rea, Burden of Proof on Prosecution, Presumption of Innocence of the 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)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 (Section 6 to 52-A Except Sections 34 to 38), Punishments (Section 53,54,55,55-A,57,60,63 to 75) Stages of Crime: Mental, Preparation, Attempt and Completion; Inchoate Crimes; Mental Stage Generally Not Punishable, Preparation Generally Not Punishable, But When Is It Punishable? Attempt: Impossible and Possible (Mainly Sections 511,307,309); Impossible Attempt to Body Offence Generally Punishable but of Property Generally Not Punishable, Possible Attempts Abetment and Abettor (Mainly Sections 107, 108, 108-A, 111, 113, 305, 306, 109 and 114) Miscellaneous (Sections121, 121-A, 124-A, 191, 192, 195-A, 201, 228-A, 229-A, 230 to 232, 268, 294-A and 295-A); © Dr. Bhimrao Ambedkar Law University, Jaipur, 2021 Page 35

UNIT-II

General Exceptions (Sections 76 to 106), Joint, Constructive and Vicarious Liability (Mainly Sections 34 to 38, 141 to 149, 153-A, 153-B, 159 and 160), Criminal Conspiracy (Sections 120-A, 120-B);

UNIT-III Offences Affecting Human Body (Sections 299 to 377);

UNIT-IV Offences against Property (Sections 378 to 462);

UNIT-V

Offences Relating To Documents (Mainly Sections 463 to 471); Offences Relating To Marriage (Sections 493 to 498); Cruelty by Husband or Relative of Husband (Section 498- A); Defamation (Sections 499, 500); Criminal Intimidation, Insult and Annoyance (Sections 503 to 510);

LEADING CASES:

1) Reg. v. Govinda (1876) 1 Bom.342.

2) Virsa Singh v. State of Punjab AIR 1958 SC 465.

3) K. M. Nanavati v. State Maharashtra AIR 1962 SC 605.

4) Bachan Singh v. State of Punjab AIR 1980 SC 898.

5) State (N.C.T. of Delhi) v. Navjot Sandhu 2005 Cr.L.J. 3950 SC

6) Independent Thought v. Union of India AIR 2017 SC 4904.

7) Mahbub Shah v. Emperor AIR 1945 PC 115.

8) I.C.I.C.I. Bank Ltd. v. Prakash Kaur AIR 2007 SC 1349.

9) Joseph Shine v. Union of India AIR 2018 SC 4898.

10) Navtej Singh Johar v. Union of India AIR 2018 SC 4321.