PAPER 2.2. LAW OF CRIMES INDIAN PENAL CODE, 1860 (QUESTION-ANSWER SERIES)

PAPER 2.2. LAW OF CRIMES INDIAN PENAL CODE, 1860 (QUESTION-ANSWER SERIES)

UNIT - I Introduction: Definition, Nature, Scope and Importance: Salmond, Austin, Holland and Julius Stone Sources of Law: Legal and Historical Sources: Legislation: Definition, Classification and Principles of Statutory Interpretation, Codification: Advantages and Disadvantages of Codification; Precedent: Definition, Theories and Kinds of Precedent: Stare Decisis; Ratio Decidendi and Obiter Dicta; Custom: Definition and Kinds of Custom, Requisites of a Valid Custom, Custom and Prescription: Relative Merits and Demerits of Legislation, Judicial Precedent and Custom as a Source of Law;

UNIT - II Schools of Jurisprudence: Analytical Positivism: John Austin, Hans Kelsen and H.L.A. Hart; Historical: Von Savigny and Henry Maine; Sociological: Ihering, Ehrlich, Roscoe Pound; Natural Law School: Relation between Law and Morality; American Realism: Justice Holmes and Oliver Crona; Feminism: Radical Feminism; Desire Dominance Theory; Cultural Feminism;

UNIT - III Rights and Duties: Nature & Characteristics: Theories of Rights: Kinds of Legal Rights: Wesley Newcomb Hohfeld‘s Analysis of Legal Rights: Cognate Concepts like Liberty, Power, Immunity, © Dr. Bhimrao Ambedkar Law University, Jaipur, 2021 Page 32 Privilege etc. Duties, Nature& Characteristics; Classification of Duties: Correlation of Rights and Duties; Concept of Property; Definition and Kinds; Negligence; Civil and Criminal Liability;

UNIT - IV Ownership and Possession: Meaning of Ownership; Kinds, Definition of Ownership by Austin and Salmond, Relation between Ownership and Possession; Importance of Possession; Elements of Corporeal Possession and Problems; Acquisition and Theories of Possession: Possession in Law & Possession in Fact; Salmond and Savigny;

UNIT - V Concept of Person: Person: Definition and Nature of Personality: Legal Status of Unborn Children, Minor, Lunatic, Drunken and Dead Persons, Legal Status of Animals: Legal Persons: State and Corporate Personality; Theories of Corporate Personality; Obligation and Liability: Definition and Nature of Obligation and Liability: Sources of Obligation and Liability; Kinds and Theories of Liability: General Conditions of Liability; Theories of Punishment: Retributive, Deterrent, Expiatory, Reformative, Rehabilitative Theory; Constitutionality of Capital Punishment;

LEADING CASES: 1) Bengal Immunity Co. v. State of Bihar, AIR 1955 SC 561 2) Kesavananda Bharthi v. State of Kerala, AIR 1973 SC 1476 3) Maharaja Shree Umaid Mills Ltd. v. Union of India, AIR 1963 SC 953 4) Maneka Gandhi v. Union of India, AIR 1978 SC 597 5) Minerva Mills v. Union of India, AIR 1978 SC 1789 6) Smt. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 7) Navtej Singh Johar & Ors. v. Union of India AIR 2018 SC 1933 8) Naz Foundation v. Government of N.C.T. of Delhi 111 DRJ 1 / 160 Delhi Law Times 277 (2009) Delhi High Court