LAW OF CRIMES

Law Students Federation

Sultan-ul-Uloom, College of Law

Law of Crimes
Compiled by : Mohammed Abdul Kareem,
Emal : [email protected] ; [email protected]
Phone : 7799224814

A.Kareem | Law of Crimes | July 27, 2016

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(Law of crimes) IPC

Big questions

1) Define crime and it stages and distinguish between crime and torts
and crime and contracts.
2) Define abetment and conspiracy and explain its provisions and
distinguish between it.
3) Briefly explain various offences again public tranquillity.
4) Explain the provisions of culpable Homicide and murder and
distinguish between it substantiate your answer with relevant cases.
5) Explain the crimes of theft, extortion robbery dacoit and distinguish
between it.
6) Explain the provisions of crime of cheating and criminal trespass.
7) Explain all sexual offences with relevant case laws.
8) What are various offences relating to marriage? Explain your
answer with relevant cases.

II Short answers

1) Theories of punishments.
2) Jurisdictions of criminal court.
3) Public servant.
4) Good faith.
5) Wrongful restraint & wrongful confinement
6) Kidnapping and abduction.
7) Define of body and property
8) Sedition
9) Affray.

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10) Public Nuisance.

11) Forgery.
12) False evidence.
13) Adultery.
14) Grievous hurt.
15) Criminal force.

The form offence are crime is define U/S 40 under offence means any
act prohibited by state under any criminal law and punishable with
imprisonment or dine or both. Crime is committed against person family
society & the stat and therefore there is state machinery to punish the
criminal’s ace to laws

Stages of crime: There are 4 stages of crime.

1) rensrea or intention: - it means all mental elements such as bad

intention, negligence ill will only mensrea is not punishable because
law control external act and not internal thinking. There is a latin maxim
“Actus facit revm nisi rens cit rea”. It means act is guilty when mind is
guilty.

2) Preparation: - preparation is also punishable for some crimes. If

there preparation then there is possibility of committing the crime
eg. A has possession of weapons without license- A is cable for
punishment.

3) Attempt: - When there is attempt to commit crime then it is also crime

and success is not necessary sec 511 days attempt to crime is a crime

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Eg:- A fired bullet at B but no injury cause to him it is crime of attempt

to murder U/S 307 of IPC having 10 years of imprisonment.

Commission: - It means to do a crime and act. When any crime is

committed then punishment is given according to particular section if it
is approved in the court. Eg: There is different punishment for theft
murder cheating criminal transpass

Distinguish between crimes torts

1) Crime is codified law – Tort is un codified la having sec having no

sections.
2) Criminal law is different – Tort is common law in every country in all
the countries.

3) Crime is committed against –Tort is committed person, society and

state against person or persons.

4) For crime there is it tort there is no imprisonment or fine

imprisonment and the or both remedy is dem or compatation.

5) In Crime there is state- In tort there is no machinery to punish

criminal state machinery and such as police, CID, CBI part have to take
intelligence anticorruption remedy.

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Crime contract

1) In crime right in Remedy – in contract right is violated persona is

violated.

2) Crime is relating to – contract is relating to person, society and state

person or persons

3) In crime there is no – In contract consent of concent of other party

both party in necessary

4) In crime good or bad – In contract good or bad intention is material.

5) Remedy is given by criminal- Remedy is given by court. Criminal

court.

2Q) Explain all sexual offences with relevant case laws.

A) There are 3 type of sexual offence specification in IPC.

a) Rape and custodial rape: - {375 & 376 (ABC)}

b) Adulatory :- 497
c) Un natural offences : - 377

1) Rape is serious crime relating to body of female. It has been defined

U/S 375 Rape means sexual intercourse without consent and against
will. (If age of the girl is under 16 years then sexual intercourse with or
without consent is also rape). If consent is obtained under fraud
influence intoxicated condition unconscious condition, un sound mind,
threat then also it contract during period of judicial separation then also
it is rape having 2 year imprisonment. If age of wife is under 13 years
and husband makes physical contract then also it is rape having 2 year
imprisonment (Person who committed rape is called rapist, when more

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number of person make physical contract with same women forcibly

then it is called as gang rape and all such person are liable for cruel
punishment.

Punishment for rape has been specified under sec 376, punishment for
is 10 years which may extend up to life imprisonment.

Custodial Rape: - This section has been added in 1983 by amendment

when rape is committed in custody then there is presumption that is
under influence and there is no free consent. It includes following points

- When police officer make physical contract with women in custody

- When jail authority makes physical contact with the women in
custody.
- When guardian committed such act on ward.
- When doctor makes physical contact with patient.

Punishment for custodial rape is 5 years imprisonment.

Adultery:- It is a crime relating to marriage. When any person makes

physical contact with a married woman by obtaining here consent then it
is women or consent is taken under threat then it is rape. Complainant
should be her husband or children. Women have no punishment for crime
of adultery. Person who committed adultery is liable for 5 year
imprisonment under sec 497.

Following are the defence against crime of adultery.

- When the complement is not her husband

- There is defence that person is not aware that she is not married
- When there is divorce between them
- When there is consent of the husband

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Distinguish between rape and adultery

Rape Adultery

Rape is crime relating to body of Adultery is crime relating to

the female marriage

It is done without consent There is consent of the women

It is committed on married or It is committed only on married

unmarried women women

Anybody can give complain who Complain to be given husband or

has information. children of women

There is 10 year imprisonment There is 5 year imprisonment

Unnatural offence:-

Unnatural offence is against course of nature. It is also crime U/S 377. It

includes following points:

- When there is sexual relation between male and male then it is

called as sodomy.
- When there is external sexual relation between female and female
or female with animal. Relation between female is called as lesbian.
- When there is sexual relation with animal then it is called bestiality

Punishment for unnatural sexual offence as 10 years imprisonment.

State vs. Dr Suleman

A women went to a doctor for treatment, doctor
some injection and she become unconscious doctor had physical

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contact with women in unconscious condition. He was held liable for

crime of custodial rape.

State vs. Anilbaig

Accused use to go to a call girl now and then and she
use to entertain him. On a particular day she was sick and refused to
entertain him. He applied force and applied physical contact. He was
liable for rape as it was under against her will.

State vs. Tukaram

Accuser has physical relationship with wife of the
neighbour, who was residing in same building. When her husband
gave complain. He was held liable for crime of adultery.

Q4) What are various offences relating to marriage? Explain your

answer with relevant case.

A) There are number of offences relating to marriage specified under

section (493- 498)

These offences are as follows

- Mock marriage (493 & 495):- It is called as imaginary or fictitious

marriage. Marriage have to be performed either by registration
under special marriage act 1954 or by ceremonies specified under
marriage law. If no ceremony is performed then it is mock marriage
which is void in eyes of law. It is also crime having 7 years
imprisonment. Eg. A boy takes a girl in a temple and performs
marriage by exchanging garland without any ceremony. He is liable
for mock marriage.

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- Bigamy:- (494 & 496) when any married person perform second
marriage when first wife is alive without taking divorce then it is
bigamy. When more than 2 marriages are performed then it called
as Polygamy, when married women perform second marriage
without taking divorce from husband then it is crime of polyandry.
Punishment for all this crime is 7 years imprisonment.
Exception:-
A Muslim male is not liable for bigamy or polygamy, which is allowed
under Muslim personal law.
- When there is legal divorce between them.
- When there is death of spouse.
- When earlier marriage is declare as void or invalid.
- When there is no complain against by wife.

Adultery
Criminal elopement: - When anybody abscond with
spouse of another with consent then it is criminal elopement ther e
should be consent of the parties if there is no consent the it is
abduction having 5 years imprisonment
Eg:- A abscond wife of neighbour with consent. A is liable for crime
of criminal elopement.
Cruelty against married women:- when husband or in law or
relatives of husband makes physical or mental cruelty against
married women then it is a crime, such cruelty should be for
reasonable period and one or two incident are not enough. Cruelty
includes betting, demanding dowry defamatory language not giving
proper food deprivation of liberty. Punishment for this crime is 3
years imprisonment and it is also ground of divorce.

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State vs Anil Kumar

Accused was married person not blessed with a child.
He performed second marriage with intention to have child. He was
liable for crime of bigamy.

State vs. Prabhakar

Accused had core affair with a girl he took
her in a temple and performed marriage by exchanging garlands
without any ceremony. He was liable for crime of mock marriage.

State vs. Saverna

Accused was mother-in-law of married women.
She uses to bet & insult daughter-in-law to bring dowry from parents.
When complain was given She was held liable for crime of cruelty
U/S 498 (A).

Short Type

Public Servant:- The term public servant has been defined U/S 21
of IPC crime against public servant is more serious than ordinary
person. Public servant includes following authorities.
- All employees of central and state government
- Employees of public company corporations and institutions.
- All persons working in defence force.
- All Judicial officers of any court.
- Persons working in autonomous bodies such as municipality,
electricity, Zilla parishad.

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- When person have been given important or crucial work, such as to

do senses work, to do ration card work.
- All members of assembly and parliament
- Person working in law enforcing agencies. Police, CID, CBI.
Therefore the term public servant is having broad meaning
under the law.

Good Faith
The term good faith has been defined u/s. 52 of the IPC when any
act is done without bad intention or mensria then iti comes under
good faith. It is a defence under the law. If there is negligence then
good faith does not apply. Therefore good faith is applicable for all
the act performed without bad intention or negligence or idea to take
revenge.

Ex.
Doctor performed operation carful but the patient dies – Act of
Doctor comes under Good faith.

Q: Wrong ful restration & wrongful confinement

Ans : Wrongful restraint mean to deprive liberty of a person or

person on a public place without justification. It is a crime having 1
month imprisonment or 500 rs fine or both. If there is justification
then court may give defence.
Ex. If road is under repair or procession is coming from otherside
then entry is prohibited in that direction bee there is justification.
Ex. A kept construction material on a street and prevented entry of
people in that direction. A is liable for wrongful restrain.

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Wrongful confinement means deprivation of liberty in all directions

without justification. Liberty deprive ina room or house or even open
place.
Time factor is immaterial .
Ex. A creditor calls a debtor and confine in a room to force him to
pay his debt. Creditor is liable for wrongful confinement.

Ex. A confined B in a room, because B is mentally retarded person.

A is not liable for crime, because there is justification.

Restraint Confinement
1. Liberty deprived in all
1. Liberty deprived in one
direction.
direction
2. It is done on public or private
2. It is done to public place
place.
3. There is less scope for
3. There is more scope for
defence
defence
4. There is more punishment
4. There is less punishment

In wrongful confinement is done for less than 3 days then punishment is

for 1year imprisonment. If it is above 3 days and less than 10 days then
there is 2 years imprisonment and above 10 days 3 years imprisonment.

Kidnapping & Abduction

Kidnapping means taking away a girl under 18 years and boy under 16
years with or without consent. Punishment for kidnapping is for

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imprisonment. When Kidnapping is done with bad intention such as

begging, murder, prostitution then punishment is 10 years jail.

Abduction means taking away a female above 18 years and male about
16 years without consent, if consent is taken under threat, influence,
intoxicated condition unsound mind then also it is abduction. Punishment
for abduction is 5 years jail.

Kidnapping Abduction

1. Age of the girl is under 18 Age of Girl is above 18 and boy

years and boy order 16 above 16
years.

2. It is committed with or without It is done without consent

consent

3. Child is taken away from There is no need of guardianship

custody or guardianship

4. Good or bad intention is not Good or bad intention is consider

considered

5. There is more punishment There is less punishment.

5 Question : Defense of body and properties.

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There are number of defense available for crime specified from sec
76-106. Defense of body and property from sec 96-106.

Defense of Body :- Every body have right to defense his body. There
are 2 conditions have to be satisfied to defendable body.

Force applied should be reasonable.

Force should be applied when there is immediate danger and not

afterwards.

If there is danger to life then other person can kill the person who
attacks called as encounter.

Defense of property :- There is right to every person 10 defend his prop.

There are 2 conditions to be satisfied.

Force applied should be reasonable.

Force should be applied when there is immediate danger and not later.

Explain various defence available for crime with specific reference

to defence of body and property.

Ans. There are various defence available in IPC specified from sect 96-

106. If court accepts any defence then there will be acquittel even after

committing crime.

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1. Act bound by law to do it. When causing death come under part

of duty, then defence is available.

Ex. Court gives death sentence and jailor may hand the criminal to

death. Killing the soldiers or enemy country at the time of war.

When judge delivers judgement without bad intention or negligence.

Procedure of law then there is no liablitiy of Judge if it is a crime

2. Act of Executive When executive carry on there duty with in the

power then there is not liability for any criminal Act.

Ex. Police make lathi charge or firing to control violence and

innocent person are injured or killed.

3. Inavitable Accident

There are some accidents which are in available which cannot be

avoided. Defence is available for such accidents.
Ex. Doctors says to patient to take that tablet daily for 1 month and

patient takes all tablet at once and dies.

Ex. A motor cyclist dash a truck from back and causes injury or

death truck driver is not liable.

4. Act of Child
A child under 7 years is not liable for any criminal act. This defence

is available because child in shch tender age has not maturity to

understand the nature and its Act. If age of of the child is above 7

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years and under 12 years and on basis of medical report it is proved

that child has not developed mental maturity then also court gives

defence.

5. Act of unsound mind person

Unsound mind person or insolvent person has defective mental

condition. If it is extreme stage of insanity and such person may not

understand the nature and consequences of the act then also court

gives defense. It has to be proved on bases of medical report.

6. Act of intoxicated person

When anybody comes in intoxicated condition by taking drug and

narcotics then there is no defense if he commits a crime. If

somebody administrates it without his knowledge and he commits

crime then defense is available to such person and other person

who administrative it is liable.

7. Act done for benefit of others

When any act is done for benefit of other by taking convenient

without negligence then court gives defense.

Ex. A doctor performed operation carefully and patitent dies. Doctor

is not liable because he has done in good faith.

8. Act done with consent

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When consent is given for any lawful act and there is injury or death
then also court gives defense.
Ex. Injury or death occurs at the time of boad film shooint etc. then
court gives defence.

9. Act done compulsion or threat

When any act is done under compulsion or threat then also court

gives defence who commits crime under compelled and the person

who force him to do it is liable

10. Tariffing Act

In petty matter court gives defense even though it is a crime.

11. Defense of Body

When anybody commits crime in defense of body then court may

give defence force applied should be reasonable and it should be

applied when there is dangerous

Ex. A likely to kill B.

12. Defense of property
When anybody is to defense his property then it may not be crime

for should be reasonable and it should be applied when there is

danger.

Cases.

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State v/s. Macnaughten

Accused was unsound mind person he was travelling in ship. He

dragged a passenger in bathroom and after killing the passenger he

was eating flesh of death body. The court held that it is extreme

stage of insanity and defence was given to accused and he was

ordered to be sent to the mental hospital for treatment.

State v/s. Maya

Neighbour entered in the house and tried to commit rape on

accused. She took a rod and hit on the head of the person and he

died because of injury. The Court held that accused have commit

crime in defence of her body and there was no liability for crime.

State v/s Mahapatra

Accused was 5 years old boy studying in primary class. When there

was quarrel he cut veins of other child with a blade and caused

serious injury court gave defence because child is under 7 years of

age.

State v/s. Doctor Sulamon

A pregnant women fell down from stairs child in womb of mother

died. Because of injury. neighbor admitted her in hospital doctors

did surgery and removed the death child to save life of the women

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the court held that doctor have done for benefit of the women to

save her life and there is defense for crime of miscarriage.

Question : - Explain the difference of then, extortion. Robbery and

dacoit and distinguish between it.

Ans. Theft means taking away movable property with dishonesty

intension. The person who commit theft is called as thief and if more

person commits such crime then they called as thieves. Detail of

theft is from section 378 to 382 of IPC.

Essentials requisites of Theft.

1. It is relating to movable property.

2. There are some properties which can be converted from
immovable to Movable and there can be theft. Such as tree is
immobile property and after cutting the tree timber is movable
property and there can be theft of tree.
3. There should be dishonest intension.
4. It is commit without consent or knowledge of person.
5. The person may be either owner or lawful possessor.

6. Big and register articles taken away from my place is theft. Such
as vehicle, buffalos, cow, etc.
7. Taking away electricity without knowledge of electricity board
comes under theft even thought electricity is not articles.
Punishment for theft is 3 years imprisonment.

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Extortion

Section 383-389

It means giving any property or money or articles, under threat,

influsion, pressure or against the law. In extortion property is given by the

person without consent. Punishment of extortion is 3 years imprisonment,

Extortion includes following points.

1. Taking donation under pressure or force and against consent is

crime of extortion.

2. Taking excess money which is not legally permissible is extortion.

3. Charging heavy rate of interest is extortion.
4. Blackmailing is also crime of extortion.

There are three points of difference between theft and extortion.

Theft is relating to movable Extortion is relating to movable
property and immovable
It is given under threat or
In theft articles are taken away
infusion.
without consent and knowledge
Intention is get some benefit
In theft there is dishonest
irregularly.
intention

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Robbery

It means taking away articles without knowledge or under threat or by

making violence when les than 5 person commits such act then it is called

as robbery. Every person in the group is called as robber. Punishment for

Robbery is 7 years imprisonment.

Ex. A and B enter in a shop and by showing weapon taken money. They

have robbery.

Dacoity

When a group of 5 or more person take away or snatch property or article

then it is called as dacoity. It can be said that Robbery +5 or more person
+ violence = Dacoity.

Every person in a group is called as Dacoit, punishment for it 10 years

imprisonment, when there is preparation to commit dacoity but to crime
has not been committed then. 2 years punishment. Dacoity followed by
murder then punishment is death sentence.

IN Robbery there are less then 5 In Dacoity there are 5 or more

person person.

Voilence is not necessary and it In dacoity violence is necessary

may be with or without violence

There is less punishment for it. There is more punishment for it.

State v/s. Anusaya

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Accused was married women she gave 1000/- of her husband to her

purse when husband filed a complain she was held liable for crime of theft

because it was money of husband and she gave it without his consent and

knowledge.

State v/s Ganesh Singh

A person whe was cloth seller sold his cloth in a bazar and returning to
his village on the horse. Accused point a knife at him and threatened him
to kill otherwise he ahs to pay money. He gave his money because of
threat accused has liable for crime fo extortion.

State v/s. Kartar Singh and 2 others.

A group of three person made a please to take away money form a bank.
Two person entered in a bank in which one pointed weapon at the staff
other collected cash and third was waiting in a car to take them away after
the crime. All the three were held liable for Robbery and Criminal
conpirence having equal punishment.

State v/s Lashker and 10 others

A group of 11 person entered in a village with weapons they entered in a

various houses and by beating family members took away money and
ornaments they were held liable for crime of dacioty.

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Question :- Briefly Explain various offence relating to marriage.

Ans . There are five offence specified from sec. 493 to 498A. relating to
Marriage. This offence are as follow.

1. Mock Marriage ( 493)

2. Bigamy ( 494, 495, 496 )
3. Adultery
4. Criminal elopement
5. Cruelty against married women ( 498a)

Mock Marriage

It means imaginary marriage or fictitious marriage. A marriage to be

perform either by ceremony or by registration. If know ceremony has
performed then it is crime of mock marriage having 7 years
imprisonment.

Ex. A boy takes a girl in temple and perform marriage only by

exchanging Garland he is liable for crime of Mock Marriage.

Bigamy

It means performing second marriage when wife is alive and when

more marriage performed. Then it is called as polygamy. When there
is death of wife or divorce taken by wife then such is marriage allowed
Bigamy or polygamy is crime having 7 years imprisonment. If any
married women performed second marriage without divorce or death
of husband then it is called a polyandry. Having 7 years imprisonment.

Following are this differences of this crime

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1. When there is legal divorce between them

2. When there is death of spouse
3. When male is Muslim person who is allowed to have and wife at a
time.
4. When earlier marriage is invalid.

Adultery

It is sexual relation of a male with married women by her consent. If

there is not consent or consent is taken under threat or force then it is
rape. Complainant should be her husband. Punishment for Adultery is
5 years imprisonment to the person who commits the Act. Women have
no punishment in crime Adultery.

Criminal elopement

In elopement means to abscond when any male elop or abscond with

wife of another even with her consent then iti s crime of Criminal
elopement. Punishment for this crime is 2 years imprisonment. If he
taken away married women under threat or Force. Fraud then it is
called abduction. Having 5 years imprisonment.

Cruelty against married Women

When husband or inlaws or relatives of husband cause mental cruelty

or physical cruelty then it is a crime having 3 years imprisonment it also
ground of divorce. Cruelty means demanding dowry, beating, insulting
not giving proper food and deprivation of liberty. Such cruelty should

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go on for a reasonable period and one or two incident are not enough.
If women cause cruelty then it is a ground of divorce.

This are the crimes relating to marriage in IPC.

State v/s. Sawarnlata

Accused was mother in law she made mental and physical torture of
daughter in law for demand of dowry for several months. She was held
liable for crime u/s. 498(a)

State v/s Vardrajan

Accused has illegal relationship with a married women who was neighbor
husband gave complain against accused then court held that he is liable
for crime Adultery u/s.497

State v/s. Nagesh Kumar

Accused was marriage person. But he was not blessed with a child he
perform second marriage without consent and knowledge of his wife.
When she gave complain accused was held liable for crime of Bigamy.
u/s. 494.

*_*_*

Explain the term “Abetment and conspiracy” and its provisions and
distinguish between it.

Ans: Abetment means to instigate or encourage other person to commit

crime. A person who make instigate is called as abettor. There is
participation of abettor in committing the crime. And he is behind carton.
It may be done with or without consideration.

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Ex. A say to B to commit murder of ‘x’’ A is abettor and B is murderer

detail of abetment is form section 107 to 120 of IPC.

Punishment

1. If criminal get death sentence then Abettor get life imprisonment

2. If Criminal gets particular punishment then Abettor is given half
punishment.
3. When abetment is done for a particular crime. But accused commit
additional crime then abettor is not liable for additional crime.
Because he has not done abetment to such crimes.
4. When there is abetment to abetment then immediate abettor gets
half punishment and first abettor gets ¼ punishment for the crime
which he’s abetted.
5. When there is abetment to commit a crime but other person did not
commit it then also abettor is liable for 1/8 punishment.

Conspiracy u/s. 120 A , 120B

When two or more person commit any crime with common intension
then all of them are equally liable for punishment for the crime which
they have committeed u/s. 120 B. There is direct or indirect
particiapation of all the accused in the committing the crime.

When tere is plan or conspiracy to commit crime but they have not
committed it then punishment is 6 months imprisonment u/s. 120 A.

Ex. A B C make a plan to committee murder of X, A purchase a poison

B added in glass of Milk, C offered glass to X after drinkgin milk A died.

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All three are liable for Murder. Because they have committed Crime
under criminal conspiracy.

Ex. A Made Block, B printed Currency notes. And C Circulated

Currency notes. All are laible for crime because it has been committed
under criminal conspiracy.

Distinguish between Abetment and Conspiracy

1. There may be one or more There should be two or more

person has abettors. person in conspiracy.

2. There is no common There is common intension

intension b/w abettors and between all conspirators.
accused

3. There is less punishment to There is equal punishment to

Abettor conspirators

4. Abetement does not include Conspiracy includes abetment.

conspiracy

5. There is no participator of There is participator u/s.

Abettor in crime Conspiracy in Crime

State v/s Kartar Singh and 2 others

A group of three persons made plans to commit robbery on bank. One

person point weapon at staff another collected cash and third was outside
in a car to take them away. All the three were held liable for equal
punishment for the crime of robbery.

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State v/so Chandrakant and another

Accused was married person a priest arranged a girl and

encouraged him to perform other marriage and also has completed all the

ceremony. Accused was liable for Bigamy and priest was liable for

Abetment to bigamy.

State V/s Srilal

Accused entered in house of magistrate and tried to gave him bribe to

show fair in the case. Magistrate did not accept bribe and gave complain

against him. Accused was guilty for abetment to bribe.

State v/s SatishKumar and another

Accused made plan to do abduction of a girl and accused brought her by

under force and another forced her to sit in a car and they took away her.
They were liable for abduction because there was criminal conspiracy.

These are the details about abetment conspiracy, punishment

distinguish and relevant cases.

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Briefly explain various offences relating to Public tranquility and

state.

Ans. It means public peace and traffic which should not be disturbed.

There are four offences relating to public tranquility specific from sec. 141

to 160 of IPC. This offences are as follows.

1. Unlawful Assembly
When five or more person assembly with common object who

commit a crime or illegal act then it is called unlawful assembly.

They have common object to do something illegally. Every person

in the group is member of the unlawful assembly. Even though they

may not commit any crime. There is liability of six month

imprisonment or fine or both

2. Rioting

When five or more person assemble and violence then it is rioting.

Violence includes damaging public or private property or any using

force. Such as injuring other person. It can be said unlawful

assembly + violence = rioting. Punishment for rioting is 2 years

imprisonment when rioting is done with deadly weapon then

punishment is 3 years imprisonment.

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3. Promoting enmity b/w. classes people

Whether any body by his action public address, pamphlet, Act,

create enmity between group of people or tension or

misunderstanding then it is crime against Public tranquility.

Punishment for this crime is 2 years imprisonment.

4. Affray
It means fighting between two or more person on a public. Because

of fighting people assembly and

Offence against State :- 121 to 130

State means country or the government there are four offence relating to
state.

1. Waging War
2. Assaulting high officers
3. Sedition 124(a)
4. Harboring state prisoners

Waging War :-

It means giving secret information to other country which is injurious or

harmful for the country it may be given by photo, caste, letter, plan, Map
or any method. Punishment for this crime is death sentence or life
imprisonment.

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Assaulting high officer

When anybody make preparation to cause bodily injury to minister,

Government, President, Ambassador then it is a crime against country.
Punishment for this crime is 7 years imprisonment.

Sedition

When anybody by public address pamphlets, publication of articles,

encourage people to revolt against govt, or disturbed unity or integrate of
the country then it is sedition. Punishment for this crime is three years
imprisonment.

Harbouring State Prisoners

When any body provide help to criminal then it is also a crime. Harbouring
includes giving shelter, money, vehicle, medical helps, weapons or help
to escape from prison punishment for this crime is 2 years imprisonment.

State v/s Motidas and other

A group 21 students assembled in university campus and demanded to

reduce the fee. They felted stone and damage furniture of the university

they were held liable for crime of rioting.

State v/s Mohammed Ismail

Accused was giving information to Pakistan about the stock of weapon

kept in India. He was giving map and photos he was held liable for waging

war.

State v/s. Balagangadher Tilak

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Accused was national leader during independence period he published

article in newspaper kasseri and directed people to revolts again British
govt. and Kick out. Then from the country he was held liable for crime
sedition.

State V/s. Srikanth and two others

Three persons quarreled on bus stand for a seat in the bust. People
assembled and buses became late by half an hour.

They were held liable for crime of Affray

This details about against offences public tranquility and state in IPC

Question: Explain the Crime relating to Murder and Culpable

Homicide.

Ans:- Murder is serious crime relating to human body. It has been defined

u/s. 300. Murder means causing death of another intentionally and with

knowledge. Such injury is caused and he dies after some period then also

it is murder. Person who commit murder is called as Murderer.

Punishment for Murder is life imprisonment or death sentence under

section 302.

When anybody is under going imprisonment and again causes

death in prison then punishment death sentence u/s. 302.

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When anybody cause dowry harassment and kills married then it is

dowry death u/s. 304(B) having life imprisonment or death sentence.

Culpable Homicide

It means unintentionally. Homicide means killing human being when

death is cause in particular circumstance then it is culpable homicide u/s.
299. Punishment for culpable homicide is 10 years imprisonment.

Following are the circumstances under which causing death come under
culpable homicide.

Grave and Sudden Provocation

Grave means serious nature and sudden means immediate, provocation

means to lose mental control when anybody cause death because of
grave and sudden provocation then it is culpable homicide.

Ex. A saws his wife sleeping with another person and he immediately
killed her it is culpable homicide.

Sudden fight

When there is fighting between two or more person which result in death
of any person then it is culpable homicide.

Ex. There is quarrel between creditor and debtor. Creditor gave kick on
stomach of debtor and the debtor died. Creditors is liable for culpable
homicide.

Public Officer exceeding his powers

Public Officer have some powers if he misuse the power and cause death
then it is culpable homicide.
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Ex. Police arrest a person on ground of theft and gave unreasonable

beating and the theft died. Police officer is liable for culpable homicide.

Unreasonable for in private defence

Every body have the right to protect body and property. If unreasonable
force is applied and death is caused. Then it is culpable homicide.

Ex. A theft is taking away articles, owner hit on his hand with a lati and
theft died. Owner is liable for culpable homicide.

Consent

When anybody causes death even with consent. Then it is also culpable
homicide.

Ex. Patient request Dr. to give poison injection and he want die. If doctor
does it then there is liability for culpable homicide.

Death is caused with intention and There is no intention and

knowledge knowledge

There is planning to kill another It happens in particular

circumstance

Murder can be brought into Culpable Homicide comes be

culpable homicide brought into murder

There is more punishment There is less punishment

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State v/s. K.M.Nanavati

Accused was class one officer he saw his wife in objectionable condition

on bed with another person. He killed both of them with licensed revolver.

He was liable for culpable homicide.

State v/s Nar Hari and another

Accused person had quarrel with other person for grazing of animals they

hit him with a lati and he died because of injuries both accused were

liable for culpable homicide.

State v/s. Swarn lata

Accused was mother in law and she had demand of dowry when daughter

in law did not fulfil her demand then she added poison in her meals and

she died after eating food accused was liable for murder.

State v/s Bharat Bihari

Accused was constructing a complex on advice of somebody he brought

orphan child offered blood in foundation of the building by cutting throat

he was liable for kidnapping and murder.

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Define and distinguish between following offences.

a) Wrongful restraint and wrongful confinement

b) Kidnapping and abduction
c) Rape and adultery

Ans :- Wrongful restraint means deprivation of liberty in one direction on

public place without Justification movement of the people should not be

disturbed at public place, such as road, street, unless there is justification

or reasonable ground. Punishment for this crime is one month

imprisonment or fine upto Rs.500/- or both.

Ex. A keeps construction materials and block and street it is crime

of wrongful restraint.

Wrongful confinement means deprivation of liberty in all the

direction. It may be done in a room or house or even open place. It is done

without Justification. If confinement is for less 3 days then punishment is

one year imprisonment.

If it is above 3 days and class then 10 days then punishment is 2

years imprisonment and above 10 days 3 years imprisonment.

Ex. A creditor bring a debtor in a room and locked from outside for few

hours to force him to pay loan amount creditor is liable for wrongful

confinement.

Wrongful restraint Wrongful confinement

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Liberty deprived in one direction Liberty deprive in all directions

It is done on public place It is done on public or private

place

There is more scope for There is less scope for

justification justification

There is less punishment There is more punishment

Kidnapping (363) and Abduction (365)

Kidnapping means taking way a female under 16 years age and male

under 18 years age with or without consent kidnapping is the crime

relating to children. Kidnapping have 7 years imprisonment. When

kidnapping is done with bad intention such as murder, begging,

prostitution, then punishment is 10 years imprisonment.

Abduction means taking away male above 18 years age and female

above 16 years of age without consent. If consent is taken under fraud,

threat, force, intoxicated condition, unconscious condition, unsound mind

then it is Abduction. Punishment for this crime is 5 years imprisonment.

Age of the girl is under 16 years Age of girl is above 16 years and
and boys under 18 years boy above 18 years.

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Child taken away with or without Person taken away with out
consent consent

Child taken away guardianship There is no need of custody and

guardianship

Good or bad intension is Good or bad intension is material.

immaterial

Distance is also immaterial Distance is material

There is more punishment There is less punishment.

Rape (375) and Adultery (376)

Rape means sexual intercourse with a girl under 16 years age with or

without consent. If age is above 16 years and it is committed without

consent then it is a rape. If consent is taken under fraud force, intoxicated,

unconsciousness condition, then it is also rape. When more number of

person commit such act on same women it is called as gang rape and all

of them liable for punishment. 10 years imprisonment.

When Dr. commit rape on patient, Police officer on women in custody,

jailer on women in prison, warden on girl in hostel even with consent then

it is called custodial rape having five years imprisonment.

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Adultery

Adultery means sexual relation with a married women by her consent,

women have no punishment for adultery. Person who commit adultery is
liable for 5 years imprisonment.

Rape Adultery

1. Rape is committed on It is committed on married women

married or unmarried woman

2. There is no consent of There is consent of the woman

women and girl

3. Anybody can give the Complain to be given by husband.

complain who has
information

4. It is crime relating to body of It is crime relating to marriage.

the women

5. There is more punishment There is less punishment

Explain the crimes of cheating and criminal trespass, specified in

IPC.

Ans :- Cheating means to deceive other person. It is also called as fraud.

Person who does cheating is called as cheat. Detaisl of cheating is from
sec. 415 to 420 of IPC.

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Ex. A Goldsmith says to customer that ornament is of pure gold. Customer

found that it is polished copper. Goldsmith have done cheating of
customer.

Ex. A Sold plot to B and again he sold same to X seller have done cheating
of X.

Essential ingredient of Cheating.

1. A person makes false statement intentionally and with knowledge

2. Other person believe it and do an Act.
3. There is wrongful loss of one person and wrongful profit or gain of
other person
4. There is dishonest intention

Punishment for cheating is one year imprisonment for petty cheating.

When cheating is done by public servant or relating to immovable
property. Then punishment is 7 years imprisonment.

Cheating by Personalisation (416)

It means possessing or pretending as particular person even though his

not that person. There is no need of motory gain in cheating by
personalization.

Ex. A write exam in name of B by changing photo on hall ticket. A is

cheating by personation.

Ex. A entered in house of B has Income Tax Officer and do checking even
though his not officer. A have done cheating by personation.

Punishment for cheating by personation is 3 years imprisonment.

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Criminal Trespass

Sec. 441 to 462. It means entry in any property without justification or with
intention to commit any illegal act. Person who commit trespass is called
as trespasser. There are four kinds of trespass.

1. Trespass on land.

When any person enter on plot, land or agriculture land without

consent or authority or proper reason then it is trespass punishment
for trespass on land in 3 months imprisonment or fine upto 500 or
both

2. House trespass
When anybody enters in place of residence then it is house
trespass. House includes hut, flat, building, function hall, religious
and educational institution Punishment for this crime is one year
imprisonment.
3. Lurking house trespass
Lurking means hiding or concealment when anybody goes with
permission, on invention, authority and hidden himself bathroom or
any place and come out in odd hours to commit any crime then it is
lurking house trespass. Punishment for Crime is 2 years
imprisonment.
4. House breaking
House breaking means making entry in house such as breaking

lock, through windows, jumping over the wall demolishing the wall,

punishment for this crime is 3 years imprisonment.

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State v/s Dawarknath and three others

Station master issued tickets for passenger train which were collected on

other station. This ticket for send through mediators and second time

issued again by changing the date. They were held liable for criminal

conspiracy, misappropriation, breach of trust and cheating of railway co.

State v/s. Pratap Kumar and two others

Three person started placement agency. They collected Rs.500/-

registration fees from 100 of candidate. They absconded without providing
any Job. They were held liable for cheating.

State v/s. Chandra

Accused was Sudra boy he performed a marriage with a girl who was
Brahmin stating that he is also Brahmin later on she came to know that he
is Sudra and filed a complain. Accused is liable for cheating by
personation.

State v/s Bhimana

Accused was invited in a marriage, he hides in bathroom and come out

after mid night to commit theft of luggage of guest he was liable for lurking
house trespass.

Short Answers

Concept 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

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committed then state is one of the party 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 iti s not proved then

court make acquittel. 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 acquittel.

Stages of Crime
There are four stages.
1. Intention or mensrea
2. Preparation
3. Attempt
4. Commission
Intention or mensrea

It means guilty mind, when mind is guilty, then act is guilty.

Ex. A catch hand of women with bad intention then it is crime because

there is another mind.

If she was fall in the wall and be removed her then it is not a crime because

there no guilty mind.

Ex. Dr. perform operation are fully but the patient dies Dr. is not liable

because there is no guilty mind. If there is negligence in operation then Dr

is liable for crime.

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Preparation

If there is preparation to commit crime, then it is also crime.

Ex. A have possession of weapons without license or possession of

narcotics then it is crime because there is prepartation.

Attempt

Attempt of crime is also crime, even though there is no success.

Ex. A fired bullet at B eventhough B is not injured it is crime of attempt to

murder.

A taken poison and even though he may not died. It is crime of attempt of
suicide.

Commission.

Meaning of commission is to do the crime, punishment is given according

to nature of crime.

Codification it means to divide law into various sections, codification is

useful by following method.

1. It is easy to findout particular section.

2. Crime can be booked in more sections.
3. There is separate punishment for every section.
4. Argument can be done, relating to particular section.
5. Complete trial is done for some sections which ware mentioned in
the charge sheet.

Therefore, codification is convenient for court and advocate to

represent the case.

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Jurisdiction

It means place where crime is committed, court having jurisdiction can

only entertain the criminal case and conduct trial. If there is not jurisdiction

court cannot entertain the case. Therefore four type of jurisdiction.

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.

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.

Extra – Ordinary Jurisdiction This Jurisdiction is available to women

u/s. 498 (a) when husband or in law cause cruelty then she can filed

complain where she is residing and then court can conduct the trial.

Concurrent Jurisdiction When part of the crime is committed in one

Jurisdiction and part of the crime other jurisdiction then any court can

conduct trial.

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Ex. A do kidnapping of B from Hyderabad and by taking to delhi. Commit

his murder there is jurisdiction Hyderabad court as well as Delhi court to

conduct trial because there is concurrent jurisdiction.

Punishment

When crime is committed, when court gives punishment according nature

of crime, There are seven types of punishment.

Death Sentence

This punishment is given rarest of the rare cases. When there is no scope

to show sympathy to accused.

Life Imprisonment

It is given in serious crime and minimum period of life imprisonment in 14

years.

Rigorous imprisonment

This punishment is given to a habituated criminal and hardwork is given

to criminal such as breaking stone, digging the land.

Solitary confinement

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In this punishment a criminal is kept along in a room and he is not allowed

to mix among other criminal. The Punishment is not given for more than 6

month period in entire term of punishment.

Forfeiture of property

When any criminal committee crimes or abscond then court give order to

forfeit his property otherwise he has to surrender with in one month period

before police or the court.

Fine or Penalty

In petty crime court may impose only fine or penalty.

Assault and Criminal force

Assault means preparation to cause bodily injury to another apprehension

or fear is caused in mind of another. There is no need of direct or indirect

in assault. Punishment for assault is six month imprisonment or fine or

both.

When assault is cause against public servant then punishment is one year

imprisonment.

Ex. A rushed at B to beat him even though he may not beat him it is crime

of assault.

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Criminal Force means applying power directly or indirectly against body

of another without justification. In criminal force direct or indirect physical

touch is necessary. There is not need of apprehension on fear in criminal

force. Punishment for criminal force is one year, Imprisonment and fine. If

criminal force is applied against body of women with bad intension then it

is called as outraging modesty of women having two years imprisonment.

If criminal force is applied against public servant then punishment is two

years imprisonment.

Ex. A rushed at B and give a slap or catch collar. A has applied criminal

force.

Ex. A pushed B and B fell on X, A is liable for criminal force.

- The End - -

*_ ( Law Student Federation )_*

All the Best; from Law Students Federation

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