Trilok Gupta's Blog

  Insanity (Sec-84) Act of a person of unsound mind is given under Sec-84 as, “Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that what he is doing is either wrong or contrary to law” The law of Insanity was introduced by a leading case of McNaughton. In R V Mc. Naughten Facts: Daniel Mc. Naughten the accused, murdered Mr. Drummond, the private secretary of Sir. Robert Peel, the Prime Minister of England, by confusion that Mr. Drummond was Sir. Robert Peel. He was tried for murder. On behalf of the accused, the defense counsel pleaded that, the accused due to the insanity, he was not able to know that he was violating the laws of God and man. It was established that the accused lost his power of control of mind, while committing the offence, a medical report was also produced to that effect. Judgment: The court acquitted Mc. Naughten on the grounds of Insanity. Mc. Naug...

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...

 Jurisdiction of Criminal Courts:  The Jurisdiction of the Criminal Courts is:  1. Territorial Jurisdiction (Sec-2)       a) Personal Jurisdiction       b) Intra-Territorial Jurisdiction  2. Extra- Territorial Jurisdiction       a) Extension of the Code to the Extra- Territorial offences (Sec-4(1))       b) Admiral Jurisdiction (Sec-4(2))  3. Certain Laws not to be affected by IPC (Sec-5)  4. Exceptions.  1. Territorial Jurisdiction: (sec-2)  It means the power of the state to exercise the jurisdiction within its territory of India. According to sec-2, any person who is found guilty of committing an offence within the territory of India including the territorial waters is punishable.  The territorial Jurisdiction is divided into 2 types:  a) Personal Jurisdiction  b) Intra- Territorial Jurisdiction a) Personal Jurisdiction:  According to Sec-2 of IP...

  THEFT (Section 378) Sec-378 Indian Penal Code defines theft. A person is guilty of theft is he takes with dishonest intention, any moveable property, out of the possession of any person, without his consent and moves with the property. 1)  If an item is attached to the earth, it cannot be stolen, but if it is freed from the earth it may be stolen. 2)  Moving the property is essential. Removing an obstacle amounts to theft. Eg: 1) A cuts down a -tree from the field of Z with a view to dishonestly taking the 2) tree. He has committed theft. A meets a bullock cart carrying valuable articles, he causes it to be moved in a different direction with a dishonest intention to take it. This is theft. Essentials: 1. Dishonest taking. 2. Moveable property 3. Out of the possession of the person 4. Without consent 5. Moving with the property 1. Dishonest Taking: The dishonest intention is the gist of the offense. The accused must make wrongful gain or wrongful loss. The taking must b...

Different stages of Crime It involves 4 stages: 1) Intention 2) Preparation 3) Attempt 4) Accomplishment Different Stages of Crime: 1. Intention: It is the first stage in the commission of an offence. Intention means to do an act in the future. Criminal intention means designing of doing an act that is forbidden by the criminal law without Just Cause or excuse. It is difficult for a prosecution to prove the guilty intention of a person to commit an offence. Intention to commit the crime is not punishable unless it is made to know to other either by words or by conduct. Eg: Waging War against the Government, sedition etc. 2. Preparation: The second stage in commission of a crime is “Preparation”. Preparation means “to arrange the means or measures which are necessary for the commission of the criminal act”. Preparation is the action of preparing or getting ready. It is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence....

WRONGFUL RESTRAINT AND CONFINEMENT (Section 339-340) Wrongful restraint and wrongful confinement are two offences according to the I.P.C. under Sec- 339 and 340, which punishes the individuals for the violation of a person's movements. Wrongful restraint (Section 339): A person who voluntarily obstructs another, so as to prevent him from proceeding in any direction in which that person had a right to go, is guilty of wrongful restraint. Exception: A person who, in good faith, believes that he has a right to pass. Eg: 1) A removed the ladder and prevented B from getting down the roof of a house. 2) A builds a wall across a path along which B had a right to pass. In all these cases the accused is guilty of wrongful restraint. Punishment (Sec- 341): Sec-341 provides punishment for wrongful restraint. It is simple imprisonment for a term, which may extend to one month or with a fine which may extend up to Rs.500 or both.           In Sobha Rani V The King The accuse...

  Rape (Section 375): A man is said to commit rape. Who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions— 1)  Against her will. 2)  Without her consent 3)  With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. 4)  With her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. 5)  With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. 6)  With or without her consent, when she is under 16 years of age. E...

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...

Public Servant (Section 21) Section 21:- Public servant …….. The words public servant denotes a person falling under any of the descriptions hereinafter following namely: First: - Repealed Second: - Every commissioned officer in the military Naval or Air Forces of India Third: - Every judge including any person empowered by law to discharge, whether by himself or as a member of any body of person any adjudicatory functions; Fourth: - Every officer of a court of justice whose duty is, as such officer to investigate or report on any matter of law or fact or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process or to administer any oath, or to interpret or to preserved order in the court and every person specially authorized by a court of justice to perform any of such duties Fifth: - Every juryman assessor or member of a panchayat assisting a court of justice or public servant. Sixth: - Every arbitrator or other ...

Public Nuisance (Section 268): Nuisance : It is an act or omission, interfering with the rights of another to enjoy some property by causing damage or physical discomfort. There are 2 types: 1) Private Nuisance 2) Public Nuisance 1. Private Nuisance: Private Nuisance causes an injury, damage or discomfort to an individual or to a group of individuals. Eg: Listening to Radio in loud Sound causing disturbance to the neighbors. 2. Public Nuisance: Public nuisance causes injury or damage or inconvenience to the public at large and people in general. Eg: Obstructing a public way by digging a trench on highway. Sec-268 defines Public Nuisance as, “A person is guilty of a public nuisance, who does an act, which causes any injury, danger to the people in general”. In Re. Venkata Reddy Case, In this case, the accused in front of his house built a cross bund across the road. As a result, the flow of rain water was stagnated causing inconvenience to the public. It was held that it was a clear cas...

The Right of Private defense: (Section 96 to 106): One of the fundamental principles of law is that every individual has a right to defend himself and his property. This is the doctrine of self-defense or self-preservation. Sec. 96 to 106 has recognized this rule and have provided for the limits within which it may be exercised. This may be discussed under two heads: a) Right of person b) Right of property 1. Right of person: A) Every person has a right to defend his own body and the body of any other person against any person. (Sec-97) B) Against a madman etc: The right extends in all circumstances against anyperson who is insane, drunk or who by a reason of youth immaturity is excused under law (Sec- 98) Eg: Z under madness attempts to kill A.A may defend and even kill Z if circumstances so warrant. C) Extension of the right: Sec-100 provides as follows :A person who is under a reasonable apprehension that his life is in danger,may to defend himself, voluntarily cause the death of th...

  Possible Parties to a Crime: There are 4 types: 1) Principle in the 1st Degree 2) Principle in the 2nd Degree 3) Accessories before the fact 4) Accessories after the fact 1. Principle in the 1st Degree: Any person who actually commits or has committed or participates in the commission of a crime is called the Actual Offender is also known as Principles in the 1st Degree. The person of the Principle in the 1st Degree is awarded by punishment as per the law. Eg: Q) A and B plans to commit a robbery in a house after breaking it? Ans) both are of the Principle in 1st Degree. 2. Principle in the 2nd Degree: Any person, who directly or indirectly aids, assists, encourages or instigates the offender during the commission of offence or crime is called Principle in 2nd Degree. The person of the Principle in the 2nd Degree may or may not be physically present at the time and place of occurrence. Eg: like Terrorist. Q) B waits outside the house and keeps a watch for any unexpected situation...

Offences Relating to Marriage (Section 493 to 498): Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are: a) Mock Marriage b) Bigamy c) Adultery 1. Mock Marriage: Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine. Ingredients: a) The accused has done sexual intercourse with the prosecution. b) He has not legally married to her. c) She has given a consent for sexual intercourse believing that he would marry. d) Such belief in her was induced by the accused. Marriage ceremony fraudulently done without lawful marriage (Sec-496): As per sec-496, Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine. Ingredients: a)...

Mistake of law and Mistake of fact: Section 76 and 79: One of the cardinal rules of criminal law is: Ignorantia facti excusat, ignorantia juris non excusat Which means, Ignorance of fact is an excuse but not the Ignorance of law? This rule is contained in Sec-76 and 79. According to Sec-76, a person who believes in himself to be bound by the law is excused if he does an act under mistake of fact but not under the mistake of law. 'Mistake' is a slip made not by design but by mischance. It is an error that results from unintentional act or omission. Hence, mistake of fact is considered a good defense. E.g. 1) 'A' a soldier fires on a mob by the orders of the Superior officers as per law. A is not guilty. 2) A, a police officer, arrests Z, believing, in good faith that he is the person required. He is not guilty. In R V  Tolson Mrs.Tolson was charged with Bigamy as she had married an icon husband. Her defense was that Mr.Tolson, her first husband could not be traced for ov...

Mischief: (Section 425 to 440) If a person with an intention to cause wrongful loss or damage to the public or to any person, causes the destruction of the property or causes any change or situation as they will destroy or diminish its value or utility, he is guilty of mischief. The punishment is imprisonment for 3 months or fine or both. The mens-rea (bad intention) in mischief is to cause wrongful loss. The act done is the destruction of property. Sec- 426 to 440 provide for punishment for mischief of various descriptions. Other forms of mischief are: Maiming or killing of animal (428 & 429), injury to works of irrigation, water course (430), injury to public road, bridge, river or channel (431) Destruction of house (436) vessel etc Explanation: 1) It is not essential that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause wrongful, loss or damage to any...

Kidnapping (Section 359): It means, carrying a child by illegal force. Kidnapping is of two kinds. 1) Kidnapping from India 2) Kidnapping from lawful guardianship. 1. Kidnapping from India (Section 360): It means carrying away a person beyond the territorial limits of India against its consent. 2. Kidnapping from lawful guardianship (Section 361): The object of these sections is to protect the minor children from being seduced for improper purposes, & also to protect the rights of the guardians. As per Sec- 359, if a person takes away or entices a minor, under 16 if a male, and under 18 if a female, or any person of unsound mind, from the lawful custody of guardianship, without the consent of such guardian, he is guilty of kidnapping. Essentials: 1. Lawful guardian means any person who is lawfully entrusted with the care and custody of such minor or other person. Exception: If a person in good faith believes that he is the father of an illegitimate child, he is not guilty. But he b...

 Theories of Punishment: Imposing punishment upon the wrong doer was recognized from the time of immemorial. In olden days, severe punishment was imposed for smaller offence. As the civilization developed, the attitude towards the imposing of the punishment has been changed. Gandhi said, “Hate the Sin, but not the Sinner” Like this, other philosophers showed mercy upon the criminals and started analyzing the Socio-economic circumstances behind the incident of the offence. Their views are classified into: 1) Deterrent Theory 2) Retributive Theory 3) Reformative Theory 4) Preventive Theory 5) Expiatory Theory 1. Deterrent Theory: According to this theory, the punishment given to a wrong doer must be as hard as possible so that it may set an example who commits the same. That is, it not only punishes a particular person but it also directs punishment to the other possible criminals. The deterrent theory creates some kind of fear in the mind of other by providing an adequate penalty an...

Giving False Evidence: (Section 191) According to Sec-191 'giving false evidence' is an offence punishable under Indian Penal Code.In English Law according to Kenny this is perjury.If a person in a judicial proceeding, before a competent court, gives false evidence or evidence which he knows to be false he is guilty of perjury. But he must have stated this under oath and on matters material to the trial. Sec-191, defines giving false evidence. Here the accused must be legally bound by an oath to state the truth or to make a declaration. He must make a false statement and must know that it is false or that it is not true. The statement may be made either orally or in writing. It amounts to false evidence: 1) If a person says that he believes a thing which he does not believe, 2) If he states that he knows a thing which he does not believe, or 3) If he states that he knows a thing which he does not know. Ranjit Singh V  State The facts were that the accused Police Officer filed a...

Forgery: (Section 463) There are two sections defining forgery. 1) Sec- 463 defines forgery 2) Sec- 464 defines Making a false document 1. Forgery: A person who makes a false document or part of it with an intention: 1) to cause damage or injury to the public or to any person 2) to support any claim or title 3) to cause any person to part with property or enter into contract 4) to commit fraud or that fraud may be committed - is guilty of forgery; 2. False Document: A person is said to make a false document in the following circumstances: 1) He must dishonestly or fraudulently, make, sign, seal or execute a document, with knowledge or an intention to make others believe that it was genuinely done by the concerned authority. 2) The person, without lawful authority, dishonestly or fraudulently cancels, or alters the document made by himself or by any other (living or not). 3) The person may cause any other person who is insane or intoxicated or deceived, to sign or seal or execute or alt...