Chanakya National Law University, Patna

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA
Criminal Law – I
Indian Penal Code, 1860, The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act,
2013 & The Prevention of Corruption Act, 1988
Semester III
Academic Year 2020-21
Course Teacher:
Ms. Preety Anand
Assistant Professor (Law)
Chanakya National Law University, Patna.
• SUBSTANTIVE CRIMINAL LAW
• PROCEDURAL CRIMINAL LAW
• CRIMINOLOGY
• PENOLOGY
• VICTIMOLOGY
• POLICE AND PRISON ADMINISTRATION
• CRIMINAL JUSTICE SYSTEM
WHAT DO WE VALUE THE MOST?
WHAT CAN YOU DO TO WHAT CAN THE

PROTECT YOUR LIFE, CAN YOU LIVE OTHER INDIVIDUALS
LIBERTY AND WITHOUT ANY OF AND THE STATE DO
PROPERTY?? THESE ?? FOR YOU??
PROTECTION OF LIFE, LIBERTY & PROPERTY
MAINTENANCE OF PEACE AND SECURITY IN

THE SOCIETY
CONTROL OVER THE SOCIETY BY THE STATE
EFFECTIVE PENAL LAWS

WHAT IS A PENAL LAW??
 What is a Penal Law?

– An instrument of Social Control.
– Condemnatory approach.
– Criminalises certain acts and omissions,
– Authorises infliction of Punishments.
 What is Criminalisation?
To criminalise certain kinds of conduct means :
– to Prohibit commission or omission of certain acts.
– to Punish the ones who do it anyway.
– to create Deterrence.
How to determine what acts or omissions should be Criminalised?
 Impact of the act

or omission on the VALUED
valued interests is
assessed. INTERESTS !!
The interests keep
changing from time
to time and place to
place. INDIVIDUAL SOCIAL
INTERESTS
This makes Penal INTERESTS
laws Dynamic in
nature.
EXAMPLE:
Law criminalising Homosexuality prior to 2018 in India was not in line with
the interests of the members of the LGBTQ+ community.
THE CONCEPT OF CRIME
• Crimeless Society is a myth. – Emile Durkheim
• No society can ever be free from violations of norms.
• Long back in the 12th and 13th century, there was no difference
between Crime and Torts.
• Self- Redressal: Vengeance was the means adhered to for
serving justice.
• Legal remedies were optional and were least resorted to.
• There were only two categories of offences:
– Botless offences (serious offences)
– The offences for which Bot or Wite was to be paid.
• In India, the system of ordeals was also quite prevalent in those
times because of the influence of religion and belief in
superstitions.
• Ordeals was a living institution in India and were treated as
the means of proof of guilt or innocence of an accused.
• It was also believed that some external agency such as demons
& evil spirits were responsible for criminal acts.
• During 18th century, many European Countries witnessed the
era of reorientation of criminological thinking.
• Responsibility of external agencies in commission of crime was
denied. (Scientific Basis)
• In the 19th century, the Crime Rate rose throughout the world
as a result of:
– Growth of civilization
– Urbanisation
– Modernisation
– Advent of Materialism
– Advancement of Science and Technology
DEFINITIONs OF CRIME
• There is no satisfactory definition of Crime.

• Generally, a Crime is defined as any conduct which is
declared to be socially harmful and forbidden by law
under the pain of some punishment.
• ‘Crimes are wrongs whose sanction is punitive, and is in no
way remissible by any private person, but is remissible by the
crown alone, if remissible at all.’
-Prof. Kenny
Criticism ?????
• Sir William Blackstone defines crimes in two ways, in his work,
first as:
“An Act committed or omitted in violation of a ‘Public Law’
forbidding or commanding it”.
• Since, the definition limits the scope to violation of a ‘public
law’, it would only cover political offences and such offences are
only a segment of the great bulk of criminal law.
• Again if ‘public law’ is to denote ‘positive’ or ‘municipal laws’ it
would be too wide to cover all legal wrongs, while every legal
wrong is not a crime.
• At a second stage Blackstone modified his definition as:
“A crime is violation of the public ‘rights and duties’ due to the
whole community, considered as a community”
CRIME AND CIVIL WRONGS
CRIME CIVIL WRONGS

Objective of Law of Crimes is to Protect the Objective of Law of torts/ civil wrongs is to
Interests of the society. protect the interest of the Private Persons.
Public Wrongs: Crime is a Wrong against Private Wrongs: Civil Wrong is against a
Society. private individual or individuals
Remedy against crime is Punishment (Death Remedy against civil wrong is Damages
Penalty, Imprisonment, Fine etc.) (Compensation)
The proceeding in case of Crime is are In case of Civil wrong are civil proceedings.
criminal proceeding. (Civil Courts)
(Criminal Courts)
In Crime intention is an essential element. Intention is not relevant.
In Crime , State brings an action against the Aggrieved person brings up a civil Suit
accused. against the Wrongdoer.
CRIME AND MORAL WRONGS
CRIME MORAL WRONGS

A narrower concept. Wider than the concept of crime.
Crime is constituted by the parliament by way Moral wrongs are not codified. They vary
of formulating criminal legislations. from person to person, place to place etc.
All crimes are morally wrong. All immoral acts or omission need not
necessarily be criminal act or omission.
Criminals are subjected to punishments as One doing something that is just immoral not
per the substantive criminal law. criminal faces the reaction of society.
There is always a requirement of some Covert acts like Ingratitude, hard

definite overt act. heartedness, pride , sinful thoughts etc. can be
morally wrong but cannot be subject of a
criminal proceeding.
THANK YOU.

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Chanakya National Law University, Patna

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CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

WHAT CAN YOU DO TO WHAT CAN THE

MAINTENANCE OF PEACE AND SECURITY IN

CONTROL OVER THE SOCIETY BY THE STATE

EFFECTIVE PENAL LAWS

 What is a Penal Law?

 Impact of the act

• There is no satisfactory definition of Crime.

CRIME CIVIL WRONGS

CRIME MORAL WRONGS

There is always a requirement of some Covert acts like Ingratitude, hard

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