Crime: In ordinary

language, the term

crime denotes an
unlawful act
punishable by
a state. The term
"crime" does not, in
modern criminal law,
have any simple and
universally accepted
definition, though
statutory definitions
have been provided
for
certain purposes. The
most popular view is
that crime is a
category created by
law;
in other words,
something is a
crime if declared
as such by the
relevant and
applicable law. One
proposed definition
is that a crime or
offence (or criminal
offence) is an act
harmful not only to
some individual or
individuals but also to
a
community, society or
the state ("a public
wrong"). Such acts
are forbidden and
punishable by law.
Elements in Crime:
Generally every act of
criminal nature
involves two
elements:
a) Physical Element-
Actus Reus (Guilty
act): Actus Reus is
physical element
in the crime, which
means the physical
act by which the
offence has been
done or
caused to be done.
This can be in two
manners
Crime

In ordinary language crime is a unlawful act that is punishable by the state.

A crime or an offence is an act harmful not only to an individuals but also to a community,
society or the state. Such acts are forbidden and punishable by the laws.

Elements in crime: - Physical Elements Like stealing any thing/Beating someone inflicting
injuries/Causing damage to someone by an act.

Mental Elements: - This consists of Intention and motives. Intention is an act of will
directing an act for deliberate omission and motive is reason which prompts the intentions.

Indian Penal Code 1860

IPC is also known as Act no 45 of IPC. IPC enacted on 6th Oct 1860 and came in force on 1st
Jan. 1862

Major substantial laws are applicable in the IPC except the state J&K where Ranbir penal
code is applicable.

IPC contain 1-511 section which are divided in to 23 chapters Section can be divided in to 2
categories. 1. Culpability which define the act which can be termed as offence for example
if a murder is done this is defined in section 300 2. Liability which define the liability If
murder is done which is define in Sec 300 and Liability is defined in Section 302.

Exception from Criminal Liability:-

Foreign Soverign/Ambassadors/Aliens Enemy/Foreign Army /Warships/President and

Governor/

Section 391:- Dacoity: -

When five or more persons conjointly commit or attempt to commit a robbery, or where
the whole number of persons conjointly committing or attempting to commit a robbery,
and persons present and aiding such commission or attempt, amount to five or more, every
person so committing, attempting or aiding, is said to commit “dacoity”.

Section 378:- Theft

Whoever, intending to take dishonestly any movable property out of the possession of any
person without that person’ consent, moves that property in order to such taking, is said to
commit theft.

illustrations

1. A cuts down a tree on Z’ ground, with the intention of dishonestly taking the tree out of Z’
possession without Z’ consent. Here, as soon as A has severed the tree in order to such
taking, he has committed theft.
2. A puts a bait for dogs in his pocket, and thus induces Z’ dog to follow it. Here, if A’ intention
be dishonestly to take the dog out of Z’ possession without Z’ consent, A has committed
theft as soon as Z’ dog has begun to follow A.
3. A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in
order that he may dishonestly take the treasure. As soon as the bullock begins to move, A
has committed theft of the treasure.
4. A being Z’ servant, and entrusted by Z with the care of Z’ plate, dishonestly runs away with
the plate, without Z’ consent. A has committed theft.

Section 390:- Robbery

In all robbery there is either theft or extortion.

When theft is robbery – Theft is “robbery” if, in order to the committing of the theft, or in
committing the theft, or in carrying away or attempting to carry away property obtained by the
theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt
or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery – Extortion is “robbery” if the offender, at the time of committing the
extortion, is in the presence of the person put in fear, and commits the extortion by putting that
person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to
some other person, and, by so putting in fear, induces the person, so put in fear then and there to
deliver up the thing extorted.

Illustrations

1. A holds Z down, and fraudulently takes Z’ money and jewels from Z’ clothes, without Z’
consent. Here A has committed theft, and, in order to the committing of that theft, has
voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
2. A meets Z on the high road, shows a pistol, and demands Z’ purse. Z, in consequence,
surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant
hurt, and being at the time of committing the extortion in his presence. A has therefore
committed robbery.
3. A meets Z and Z’ child on the high road. A takes the child, and threatens to filing it down a
precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has
extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there
present. A has therefore committed robbery on Z.
4. A obtains property from Z by saying- “Your child is in the hands of my gang, and will be put
to death unless you send us ten thousand rupees”. This is extortion, and punishable as
such: but it is not robbery, unless Z is put in fear of the instant death of his child.

Section 463:- Forgery

Whoever makes any false document or false electronic record or part of a document with intent to
cause damage or injury, to the public or to any person, or to support any claim or title, or to cause
any person to part with property, or to enter into any express or implied contract, or with intent to
commit fraud or that fraud may be committed, commits forgery.

Section 300:- Murder

Except in the cases hereinafter excepted, culpable homicide is murder —

1. If the act by which the death is caused is done with the intention of causing death, or
2. If it is done with the intention of causing such bodily injury as the offender knows to be
likely to cause the death of the person to whom the harm is caused. or
3. If it is done with the intention of causing bodily injury to any person and the bodily injury
intended to be inflicted is sufficient in the ordinary course of nature to cause death, or
4. If the person committing the act knows that it is so imminently dangerous that it must, in all
probability, cause death, or such bodily injury as is likely to cause death, and commits such
act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Illustrations

1. A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
2. A, knowing that Z is labouring under such a disease that a blow is likely to cause his death,
strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A
is guilty of murder, although the blow might not have been sufficient in the ordinary course
 of nature to cause the death of a person in a sound state of health. But if A, not knowing
that Z is labouring under any disease, gives him such a blow as would not in the ordinary
course of nature kill a person in a sound state of health, here A, although he may intend to
cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such
bodily injury as in the ordinary course of nature would cause death.
3. A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in
the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although
he may not have intended to cause Z’ death.
4. A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A
is guilty of murder, although he may not have had a premeditated design to kill any
particular individual.

What is grievance hurt?

Any hurt which endangers life or which causes the sufferer to be during the space of twenty
days in severe bodily pain, or unable to follow his ordinary pursuits.

Question: - What is difference between hurt and grievous hurt?

Hurt is constituted by causing bodily pain, not mental pain. In the absence of an intention to cause
death, or grievous bodily hurt, where a person died as a result of two kicks on the abdomen, the
accused was held guilty of causing hurt only.

Section 319 defines simple hurt as whoever causes bodily injury, pain, sickness, or
disability to another person by an act; such conduct is termed simple hurt. Section
320 defines grievous hurt as a hurt that is more than a little causing harm as defined
in section 95 of the IPC and less than culpable homicide.
Offences against public tranquillity
The term “public tranquility” refers to public peace, and therefore any activity
carried out by a group of individuals which results in distortion of peace within the
society is referred to as an offence against the public tranquility. Section 141 in The
Indian Penal Code. 141. Unlawful assembly.—An assembly of five or more
persons is designated an “unlawful assembly”

Assault: - Whoever makes any gesture, or any preparation intending or knowing it

to be likely that such gesture or preparation will cause any person present to
apprehend that he who makes that gesture or preparation is about to use criminal
force to that person, is said to commit an assault. An assault, without any special
circumstances (sometimes called a common assault) carries a maximum sentence
of five years imprisonment.

Following are some instances of assault:

1. Throwing brick into another’s house.

2. Advancing with a threatening attitude to strike.
3. Pointing of a gun on someone at a short distance. If it is loaded or unloaded is
immaterial.
4. Lifting one’s lathi.

Assault occurs if there is any intentional and unwanted physical force used against a victim [s 20(1)
(a)]. For example, punching, hitting or kicking a person. The force used can be direct or indirect.
 How is assault proven? They include (1) an intentional, unlawful threat, (2) an apparent ability to
carry out the threat, and (3) creation of a well founded fear that the violence is imminent.

There are three basis types of assault offence:

 common assault.
 actual bodily harm (ABH)
 grievous bodily harm (GBH)/ wounding.

Force S-349 and Criminal force S-350: -Force: It does not cause any legal injury due to the absence
of a mental element. Criminal Force: Due to the presence of a mental element, it must be without
consent and secondly it is to commit an offence or intention to or knowledge that such act of using
force causes an injury or fear or annoyance.

Force: Not punishable. Criminal Force: Punishable under section 352 IPC.

FORCE / CRIMINAL FORCE ASSAULT

1. It is the use of intentional force on any

It denotes the preparatory acts which cause apprehension
person to cause any injury or harm or
of use of criminal force against the person.
fear of injury.

There is an apprehension of use of force only and no use of

2. Even use of criminal force includes an assault.
real force.

3. Physical contact exists. There is no physical contact.

4. The action of the wrongdoer is completed. It is an attempt to commit criminal force.

5. In criminal force, assault is consummated by In assault, the accused must be having enough means and
means and ability of that person. ability to carry his threat into the intended result.

6. No belief of ability is needed. The application It is necessary that the person assaulted believes that the
of force is actionable even though it is the assaulting person has the ability to apply the force so
slightest amount of force. attempted by him, on reasonable grounds.

Kidnapping

Although all kidnappings begin with abduction, not all abductions result in kidnapping. Since the late
17th century, the definition of kidnap has been “to take children in order to supply slaves to the
American colonies,” from kid, – “child,” and nap, – “snatch away. “The Indian Penal Code, on the
other hand, doesn’t only apply to child theft. When it comes to the definition of kidnapping, it’s been
broadened to include things like taking someone away from their legal guardianship without their
permission.

Kidnapping Motives:

 Money: Kidnapping someone and holding them hostage for ransom

 Personal: To exact vengeance
 Political: To exert pressure on the government to make a concession
 For rape
 To Seek Thrill: To enjoy the rush of exerting power over someone else.
Abduction

According to Section 362 of the Indian Penal Code, “abduction” is defined as when someone either
forces or encourages another person to leave a location, that person has abducted the said person.

Basis of
Kidnapping Abduction
Difference

A kidnapping is divided into two Section 362 of the Indian Penal Code
types under Section 359: provides a definition for the crime of
kidnapping from India and abduction.
Provision under kidnapping from lawful
IPC guardianship, which is described
in Sections 360 and 361 of the
Penal Code.

It is only committed in the It’s a crime against anybody, regardless

The person’s instance of a minor, i.e., a boy of their age.
age (Minor or under the age of 16 and a girl
Major) under the age of 18, or a person of
unsound mind.

The presence or absence of a guardian

has no effect on whether or not an
Guardianship The kidnapped child is no longer abduction is unlawful. It’s all about the
under the legal care of their abducted individual.
parents or other family members.
Without guardianship, a child
cannot be kidnapped.

Force, coercion, or deception are all

Kidnapping is the act of forcibly
approaches used in abduction.
Means Used removing a child from parental
care. It’s possible that the
methods employed to kidnap a
child are legitimate.

It makes no difference whether If the individual being abducted gives

the one being enticed agreed or their consent, the conduct no longer
Consent otherwise. The consent of the falls within the definition of abduction.
child removed from the care of a
legal guardian is irrelevant.
 Intention Taking someone away from their The offender’s intent is critical in
home country or their legal determining the severity of the crime.
(Strict Liability) guardianship is considered As a result, someone is only responsible
kidnapping if it is proven. if the conduct is motivated by malice.

This is not a reoccurring offense. Abduction is a crime that continues as

The offense of kidnapping is long as a person is forcefully or
Completion of
complete when a victim is taken unlawfully taken from one location to
offense
out of the country or removed another.
from the care of a legal guardian.

Unless accompanied by a purpose

described under section 364-366,
Kidnapping from guardianship is a
The kind of abduction is supplementary conduct
serious crime punished under
offense that is not criminal on its own. As a
Section 363 of the Penal Code.
result, in order to punish an offender, a
specific goal must be established.

Punishment of Kidnapping

Kidnapping’s several types Punishment IPC Section

For the purpose of begging Fine + 10 Years 363A

In order to murder Fine + 10 Years 364

For ransom Fine + 10 Years 364A

Intent to imprison someone against

Fine + 7 Years 365
their will

Forced marriage Fine + 10 Years 366

To put someone in danger of serious

Fine + 10 Years 367
injury or death
 Kidnapping a minor under the age of
Fine + 7 Years 369
10 to commit theft

Punishment of Abduction

Abduction’s several types Punishment IPC Section

In order to murder Fine + 10 Years 364

Intent to imprison someone against their will Fine + 7 Years 365

Forced marriage Fine + 10 Years 366

To put someone in danger of serious injury or death Fine + 10 Years 367

Abducting a minor under the age of 10 to commit

theft

AFFRAY: -a fight, or a noisy argument or an instance of violent behaviour in a public place. When
two or more persons, by fighting in a public place, disturb the public peace, they are said to
“commit an affray”. it is a bailable offence. A person guilty of affray is liable on conviction on
indictment to imprisonment for a term not exceeding 3 years or a fine or both. A person is guilty of
affray if he uses or threatens unlawful violence towards another and his conduct is such as would
cause a person of reasonable firmness present at the scene to fear for his personal safety.

Affray is a criminal offence which deals with behaviour that endangers the personal safety of a
person who is not involved in the incident, essentially the public.

In rioting, every member is punishable irrespective of whether he has actively participated or

not. In affray, only those persons are punished who are participating.

(सार्वजनिक स्थल पर) झगड़ा, विवाद या उग्र आचरण; हंगामा, दंगा, फ़साद, मारपीट

Rioting. —Whenever force or violence is used by an unlawful assembly, or by any member

thereof, in prosecution of the common object of such assembly, every member of such assembly is
guilty of the offence of rioting.
What are the types of riot?

Two major types of riots are protest riots, which are political in nature, and celebration riots, which
are apolitical.
What is punishment of rioting?

Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.

House Breaking S-445: - Housebreaking with intent to commit a crime consists

of unlawfully and intentionally breaking into and entering a building or structure with the
intention of committing some crime in it.
The act of using physical force to gain access to, and entering, a house with an intent to co
mmit a felony inside. Housebreaking with intent to commit an offence is a
substantive offence for which the appellant could be convicted
Whoever commits house-breaking after sunset and before sunrise, is said to commit
“house-breaking by night”.

False Evidence

What is the word for false evidence?

perjury. nounlying while under oath. deceitfulness. deception. dishonesty.

When a person after taking oath is giving false statement and presentation in front of the court for
any proceeding he is said to be making the false evidence. False evidence is a crime and a non
bailable offence. Court is very strict in such cases wherein the person giving the false statement and
evidence as these can turn out a case in a different manner.

SAJA: - imprisonment of either description for a term which may extend to three years, and shall
also be liable to fine.

Fabricating False Evidence : - Whoever causes any circumstance to exist or 1[makes any false
entry in any book or record, or electronic record or makes any document or electronic record
containing a false statement], intending that such circumstance, false entry or false statement may
appear in evidence in a judicial.

RAPE: - Section 375 of the Indian Penal Code defines rape as "sexual intercourse with a woman
against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she
has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18
years of age. NON Bailable

What is IPC 376 for? GANG RAPE NON Bailable

—Where a woman is raped by one or more in a group of persons acting in furtherance of their
common intention, each of the persons shall be deemed to have committed gang rape.

Sections
Chapter Classification of offences
covered

Chapter I Sections 1 to 5 Introduction

Sections 6 to
Chapter II General Explanations
52

Chapter III Sections 53 to Of Punishments

 75

General Exceptions
Sections 76 to
Chapter IV
106
of the Right of Private Defence (Sections 96 to 106)

Sections 107 to
Chapter V Of Abetment
120

Chapter Sections 120A

Criminal Conspiracy
VA to 120B

Sections 121 to
Chapter VI Of Offences against the State
130

Chapter Sections 131 to

Of Offences relating to the Army, Navy and Air Force
VII 140

Chapter Sections 141 to

Of Offences against the Public Tranquillity
VIII 160

Sections 161 to
Chapter IX Of Offences by or relating to Public Servants
171

Chapter Sections 171A

Of Offences Relating to Elections
IXA to 171I

Sections 172 to
Chapter X Of Contempts of Lawful Authority of Public Servants
190

Sections 191 to
Chapter XI Of False Evidence and Offences against Public Justice
229

Chapter Sections 230 to

Of Offences relating to coin and Government Stamps
XII 263

Chapter Sections 264 to

Of Offences relating to Weight and Measures
XIII 267

Chapter Sections 268 to

Of Offences affecting the Public Health, Safety, Convenience, Decency and Morals.
XIV 294

Chapter Sections 295 to

Of Offences relating to Religion
XV 298

Of Offences affecting the Human Body.

 Of Offences Affecting Life including murder, culpable homicide (Sections 299 to 311)
 Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of
Chapter Sections 299 to Infants, and of the Concealment of Births (Sections 312 to 318)
XVI 377  Of Hurt (Sections 319 to 338)
 Of Wrongful Restraint and Wrongful Confinement (Sections 339 to 348)
 Of Criminal Force and Assault (Sections 349 to 358)
 Of Kidnapping, Abduction, Slavery and Forced Labour (Sections 359 to 374)
 Sexual Offences including rape and Sodomy (Sections 375 to 377)

Chapter Sections 378 to Of Offences Against Property

XVII 462
 Of Theft (Sections 378 to 382)
 Of Extortion (Sections 383 to 389)
 Of Robbery and Dacoity (Sections 390 to 402)
 Of Criminal Misappropriation of Property (Sections 403 to 404)
 Of Criminal Breach of Trust (Sections 405 to 409)
 Of the Receiving of Stolen Property (Sections 410 to 414)
 Of Cheating (Section 415 to 420)
 Of Fraudulent Deeds and Disposition of Property (Sections 421 to 424)
 Of Mischief (Sections 425 to 440)
  Of Criminal Trespass (Sections 441 to 462)

Offences relating to Documents and Property Marks

Chapter Section 463 to

XVIII 489 -E
 Offences relating to Documents (Section 463 to 477-A)
 Offences relating to Property and Other Marks (Sections 478 to 489)
 Offences relating to Currency Notes and Bank Notes (Sections 489A to 489E)

Chapter Sections 490 to

Of the Criminal Breach of Contracts of Service
XIX 492

Chapter Sections 493 to

Of Offences related to marriage
XX 498

Chapter
Sections 498A Of Cruelty by Husband or Relatives of Husband
XXA

Chapter Sections 499 to

Of Defamation
XXI 502

Chapter Sections 503 to

Of Criminal intimidation, Insult and Annoyance
XXII 510

Chapter
Section 511 Of Attempts to Commit Offences
XXIII

Misrepresentation and Fraud: - Misrepresentation is made when some false statement is given about anything which the 2nd

party think that it is true but infact that is not true. A tells B that his watch is from Germany. B think that is is from Germany

and purchased the same. However at time he found that watch is from India only. This is misrepresentation.

Misreprenentation is made without an intention to cheat however Fraud is made with an intention to cheat.