Law of Crime Notes, Origin, Elements of Crime, Stages of Crime and General Exceptions

Origin

1st Law Commission - Lord Macaulay 1834

Prepared draft IPC in 1837

 

Sir Bernal Peacock and Sir J. W. Colville revised the draft of Indian Penal Code

6th October 1860 it was passed

Effect in India 1st January 1862

Effect in Goa, Daman & Diu and Pondicherry 1st October 1963

 

Elements of Crime

1. Human Body

2. Mens Rea

3. Actus Reus

4. Injury

 

Stages of Crime

Intention - Preparation

Commission - Attempt

 

General Exceptions

1. Mistake of Fact - 76, 79

2. Judicial Acts - 77, 78

3. Accident - 80

4. Necessity - 81

5. Infancy - 82, 83

6. Insanity - 84

7. Intoxication - 85, 86

8. Consent - 87-88

9. Good faith acts - 92

10. Good faith communication - 93

11. Compulsion / Threat - 94

12. Trifling - 95

13. Right of Private Defence - 96-106

 

 

Inchoate Crimes

Incomplete crimes having tendency to commit or to indirectly participate in a criminal offence.

1. Abatement

Section 107 - Abatement of a thing

Section 108 - Abetter

 

2. Criminal Conspiracy

120A - Definition of Criminal Conspiracy

120B - Punishment for Criminal Conspiracy

 

3. Attempt

511 - Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.

 

Offences against property

Theft, Robbery, Criminal Misappropriation, Cheating, Extortion, Dacoit, Criminal Breach of Trust, Mischief.

Receiving Stolen property - 410 IPC

Property, the possession of which is transferred by theft/ extortion/ robbery or which has been criminal misappropriation or criminal breach of trust.

411 - Dishonestly receiving stolen property

 

Offences relating to Marriage XX-A

Offences of cruelty by Husband, Relatives.

 

Defamation (IPC 499-502)

IPC 499 Defamation

Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

 

Exceptions

1. Truth

2. Public conduct of public servants

3. Public Question

4. Publication of court proceedings

5. Merits of case in Court

 

500 IPC - Punishment for defamation

501 IPC - Printing defamatory matter

502 IPC - Sale of defamatory Matter

 

Written - Libel - Tort

Remedies

1. Fair Comment

2. Public Interest

3. Privileged Comment

 

Spoken - Slander - Crime

Remedies

1. Public Welfare

503 IPC Criminal Intimidation

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

 

506 IPC Punishment for Criminal Intimidation

- 2 Years imprisonment, fine or both

If threat of grievous hurt or any offence punishable with death

- 7 Years, Fine, or both

 

510 IPC Misconduct by a drunken person