Criminal law

Prof. Dr. Mukund SardaDean & Principal,

Bharati Vidyapeeth Deemed University New Law College , Pune

CRIMINAL LAW

o Legal education – Justice education.o Lawyers, students, teachers- justice

providers.o Law must have human touch.o Law has a purpose- it is necessary

evil.o Legal profession demands extra

ordinary intelligence.

Prof. Dr. Mukund Sarda

o Law does not operates in vacuum. It changes with society.

o Criminal justice system aims at prevention, protection and reformation.

o Law is not a set of mechanical rules it lives with society

o Advancement of law through innovative interpretation and ensuring quality life through justice of high standard is the task of legal system


oLaw – substantive law & procedural law

oSubstantive law deals with rights

oProcedural law deals with remedies

oWhere , when , how , for what, in what manner - aspects of procedural law

oRights at rest ; right at motionoIPC + Cr.P.C. + Evidence +

drafting


o Nanavati v state of Maharashtrao Principle , facts , issues, application

of law, ratio, and critical analysiso Plea of insanity , sudden and grave

provocation – rejectedo Example of murder and not culpable

homicide not amounting to murdero Pardoning power of governor


o Every man by birth is selfish – he loves his life, liberty and property

o Crime is integral part of every life, it cannot be cured but can be prevented

o Prevention is better than cureo No one is born criminalo Doctrine of innocence –

convict+punishment


o Every crime is conceived in the guilty mind.

o What is crime?o Essentials of Crimeo Crime & Offenceo Maxims of Crimeo Laws of Crimes

INTRODUCTION


o“actus non facit reum nisi mens sit rea” – An Act without guilty mind is not a crime.

oCrime= Act + Guilty MindoCrime= Actus Rea + Mens ReaoCrime= A R + M Ro If MR is absent

AR = AR


o Traffic Ruleso Food Adulteration o Bhopal Gaso Public Nuisanceo Environmental

EXCEPTIONS

ABSOLUTE


o act is Willed movement of the body

o act is Movement caused by volition

o act is Movement caused by desire

DOCTRINE OF ACTUS REUS


o Act done under compulsion is not my act.

Actus me invito factus, non est mens actus


act

Commission+ Positive Act

Omission+ Negative Act

External Internal

Transitory Intransitory

Preparation Attempt Commission


o R Vs. Dudley & Stephens

o EXCEPTIONS: - Criminal Conspiracyo Every Commission is punished.o Exception: Suicide Act attempts are

punished -Section 511.o Preparation is not punished.

CASE LAWS


o Sec – 403 definitiono Whoever dishonestly misappropriates or

converts to his own use any movable property shall be punished with 2 years or fine or both

o Essentials –o Dishonest intentiono Misappropriates or converts o For his own useo Any movable propertyo eg finder of goods

CRIMINAL MISAPPROPRIATION


o Possession comes innocently o Subsequent change of intentiono Conversion for his own use is

importanto Case law – phuman – purse in

templeo Venkataswami – postman – money

ordero Exchanging railway ticketso Purchase of goods with others cardo Sec 404 – property possessed by

dead man – 3 years and fine


oSec 405 – criminal misappropriation + trust

oSec 406 – punishment – 3years or fine or both

oAuthor – trustee – beneficiaryoBeing in any manner entrusted

with the proertyoPledge by goldsmith

CRIMINAL BREACH OF TRUST


o Whoever by deceiving any persono Fraudulently or dishonestly induces

such person so deceivedo To deliver any property to any person o To consent that any person shall retain

any propertyo Or induces the person to do or omit to

do any thing which he would not otherwise

o Whereby likely to cause damage or harm to body, mind, reputation or property is said to cheat

CHEATING – 415 TO 420


o Manik das v state (2012) – false promise to marry

o Sec 416 – cheating by personationo Sec 417 – punishment for cheating –

1yr or fine or botho Sec 418 –cheating -trustee,

guardian,solicitoro 3year or fine or botho Sec 419 – personation – 3year or fine

or botho Sec 420 – simple cheating is punished

u/s 417 but where there is delivery or destruction – 7years and fine


o Sec 121 – waging war against the stateo Whoever wages war against the govt. of

India or attempts to wage war or abets shall be punished with death or life and fine

o Sec 121 A – conspiracy – life / 10 yearso Sec 124 A – sedition – o Whoever by words spoken or written or by

signs or visible representation or otherwise brings or attempts to bring hatred, contempt or disaffection towards govt of india – life/ 3years and fine

OFFENCES AGAINST THE STATE


o Ajmal kasab v state of maharshtra 2012o The expression govt of india includes

people of indiao State of delhi v navjot sandhu (afjal

guru)o War contemplated under sec121 is not

convention war between two nations. Insurrection against govt is equal to war

o J reddi – a person arraying himself in defiance of the government in like manner and by like means as a foreign enemy would do – terrorist acts are included
