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LAW OF CRIMES IMPORTANT QUESTIONS SHORT ANSWER QUESTIONS
- COMMON INTENTION (SECTION 34).
- PREPARATION
- ATTEMPT (INCHOATE CRIME) (SECTION 511).
- MENS REA IS THE CARDINAL PRINCIPLE (ACTUS NON TACIT REUM MINI MENS SIT REA)
- MISTAKE OF FACT (SECTIONS 76 & 79).
- PRIVATE DEFENCE WITH SUITABLE EXAMPLES (SECTIONS 96 TO 106).
- ACT OF CHILD (SECTIONS 82 & 83).
- INSANITY (SECTION 84).
- ABETMENT (SECTION 107).
- DEFINE KIDNAPPING (359) AND DIFFERENTIATE FROM ABDUCTION (362).
- CHEATING (SECTION 415), EXPLAIN THE LAW RELATING TO CHEATING.
- SECTION 498 - A (CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND) ADVANTAGES & DISADVANTAGES
- DEFINE DOCUMENT (SECTION 29) & WHAT ARE THE OFFENCES RELATING TO DOCUMENTS (FORGERY – SECTION 463) LONG ANSWER QUESTIONS
- DEFINE CRIME & DIFFERENT STAGES OF CRIME, EXPLAIN INCHOATE CRIMES
- DEFINE CRIME. WHAT ARE THE ESSENTIAL ELEMENTS OF CRIME
- DEFINE CRIME AND DISTINGUISH BETWEEN CRIME & TORT
- GENERAL EXCEPTIONS, WITH SUITABLE EXAMPLES (SECTIONS 76 - 106)
- DEFINE MURDER AND DISCUSS WHEN CULPABLE HOMICIDE AMOUNTS TO MURDER & NOT AMOUNTS TO MURDER & DIFFERENCES, EXCEPTIONS OF MURDER
- DEFINE THEFT (SEC. 378) AND ESSENTIALS OF THEFT, AND DISTINGUISH BETWEEN EXTORTION, ROBBERY AND DACOITY
- ESSENTIAL INGREDIENTS OF DEFAMATION AND EXCEPTIONS TO DEFAMATION PART C CASES
- MURDER, SECTION 300 and 302 of INDIAN PENAL CODE, 1860.
- Decoity, Sections 391, 397 and 398.
- Communication made in good faith, Section 93.
- Section 201: Causing disappearance of evidence of offence.
- Section 467. Forgery of valuable security.
- Section 84, Act of a person of unsound mind.
- Section 80, Accident in doing a lawful act (it includes unlawful acts also).
- Robbery Section 390; Section 392 Punishment for Robbery.
- Cheating Section 415, Punishment 417.
- Culpable homicide Section 299, Punishment Section 304 of IPC.
PAPER – IV:
LAW OF CRIMES
Unit-I:
Concept of crime - Definition and meaning of crime - Distinction between
crime and tort - Stages of crime - Intention, Preparation, Attempt and
Commission of Crime - Elements of Crime - Actus Reus and Mensrea -
Codification of Law of Crimes in India - Application of the Indian Penal Code -
Territorial and Extra-Territorial application - General Explanations -
Punishments.
Unit-II:
General exceptions - Abetment - Criminal Conspiracy - Offences against the
State - Offences against public peace and Tranquility –Increasing tendency of
offences under S.153-A and S.153-B
Unit-III:
Offences affecting human body (offences affecting human life) Culpable
Homicide and Murder – Hurt and Grievous Hurt - Wrongful restraint and
Wrongful confinement - Criminal force and Assault - Kidnapping and
Abduction - Sexual offences - Unnatural offences.
Unit-IV:
Offences affecting the public health, safety, convenience, decency and morals
- Offences against Property - Theft - Extortion - Robbery & Dacoity - Cheating -
Mischief - Criminal Trespass – Criminal misappropriation and Criminal breach
of trust.
Unit-V:
Offences by or relating to public servants - False Evidence and Offences
against Public Justice - Offences relating to documents - Offences relating to
Marriage - Cruelty by husband and relatives of husband - Defamation.
Suggested Readings:
1. Ratanlal and Dhiraj Lal:Indian Penal Code, Wadhwa & Co.
2. Achutan Pillai:Criminal Law, Butterworth co.
3. Gour K.D.:Criminal Law - Cases and Materials, Butterworth Co.
4. Kenny's:Outlines of Criminal Law, Cambridge University Press.
5. K.N. Chandrasekharan Pillai, General Principles of Criminal Law, Indian Law
Institute, New Delhi.
6. K.N. Chandrasekharan Pillai,
2 6 Theft 378 2 7 Punishment for theft 379 2 8 Extortion 383 2 9 Punishment for extortion 384 3 0 Robbery 390 3 1 Dacoity 391 3 2 Punishment for robbery 392 3 3 Attempt to commit robbery 393 3 4 Voluntarily causing hurt in committing robbery 394 3 5 Punishment for dacoity 395 3 6 Dacoity with murder 396 3 7 Cheating 415 3 8 Bigamy 494 3 9 Cruelty by husband or relatives 498A 4 0 Defamation 499 SHORT ANSWER QUESTIONS
- COMMON INTENTION (SECTION 34). Answer: Common intention is also called as ‘Joint Liability” in Criminal Law Sections 34 of IPC explains the provisions about common intention. Definition of Common Intention (Section 34): Acts done by several persons in furtherance of common intention - When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Principle of Joint Liability: There are some provisions in the Penal Code which determine the liability of a person committing a crime in combination with some others. In all such provisions, a joint liability is created either because the intention is common or the object is common to all the persons forming a group alleged to have committed a crime. Under the Indian Penal code, the criminal liability of a person is determined according to the manner in which he becomes associated with the commission of crime. Normally a person may be a participant in a crime in the following four ways:
- When he himself commits a crime.
- When he shares in the commission of it.
- When he, with a view to the commission of crime, sets some third agency to work, that is, he makes some third party his own agent for committing the crime.
- When he helps the offender, after the commission of the crime, in screening him from justice. Ingredients: To attract the principle of joint liability under Section 34 there should be:
- Some criminal act,
- A criminal act done by more than one person,
- A criminal act done by such persons in furtherance of the common intention of all of them,
- Common intention in the sense of a pre-arranged plan between such persons,
- Participation in some manner in the act constituting the offence by the persons sought to be prosecuted,
- Physical presence at the time of the commission of the crime of all the persons, but the physical presence of all is not necessary in some cases. Crimes in which common intention plays a big role: Robbery (Sec. 390), Dacoity (Sec. 391), Cruelty by husband and relatives (Sec. 498A).
- PREPARATION. Answer: The second stage in the commission of a crime is ‘preparation’ (Sec 8 of the Indian Evidence Act). Preparation means “to arrange the means or measures necessary for commission of the intended criminal act”. Preparation is the action of preparing or getting ready, something that is prepared, and something made for a specific purpose, to make ready beforehand. It is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence. At the stage of preparation, the intention to cause harm starts manifesting itself in the form of physical actions. Preparation consists of arranging or building things that are needed to commit the crime, for example, purchasing poison. Preparation is driven by a motive. A motive is that which stimulates or incites an action; the mainspring of human action; some cause or reason that moves the will and induces action. It is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence. For example, Purchasing a knife with the intention to kill someone is not a crime because it cannot be determined whether the knife was bought to kill someone or to cut vegetables. Mere preparation is punishable under the Indian Penal Code in respect of the following offences.
- Waging War (Section 122),
- Preparation to commit dacoity (Section 399),
- Preparation for counterfeiting coins and Government stamps (Sections 233 to 235, 255 and 257), and
- Possessing counterfeit coins, false coins, false weights or measurement and
Locus Penitentiae: This is a Latin word which means an opportunity to withdraw from the commission of a crime. For example, ‘A’ intending to murder ‘B’ by administering poison purchases poison and mixes the same with food which remains in ‘A’ keeping. A is not guilty of an attempt to murder because there is still time when better reason might prevail at any moment and A might change his mind and desist from giving that poisonous food to B. In Malkiat Singh v State of Punjab, the appellant Malkiat Singh was a truck driver. He was carrying paddy out of the jurisdiction of the State of Punjab without a licence in violation of the Punjab (Export) Control Order, 1959. He was stopped 14 miles away from the Punjab Delhi border and was prosecuted for an attempt to contravene the said order. Allowing the appeal Supreme Court held that the act of carrying paddy did not amount to a criminal attempt.
- MENS REA IS THE CARDINAL PRINCIPLE (ACTUS NON-FACIT REUM NISI MENS SIT REA). Answer: One of the main characteristics of our legal system is that the individual’s liability to punishment for crimes depends, among other things, on certain mental conditions. The absence of these conditions, where they are required, negatives the liability. These conditions can best be expressed in negative form as excusing conditions. The liability to conviction of an individual depends not only on his having done some outward acts which the law forbids but on his having done them in a certain frame of mind or with a certain will. These are known as ‘mental elements’ in criminal responsibility. “It is a maxim older than the law of England that no man is guilty unless his mind is guilty” observed Lord Arbinger in R. v Alldayz. Now it is the combination of act and intent which makes a crime. The intent and the act must both concur to constitute a crime. An act by itself is not wrong. But the act, if prohibited, done with a particular intent makes it criminal. There can be no crime large or small without any evil intent. The responsibility in crimes must depend on the doing of a ‘willed’ or ‘voluntary act’ and a particular intent behind that act. The basic requirement of the principle of mens rea is that accused must have been aware of all those elements in his act which make it the crime with which he is charged. That means, he must have intended the actus reus or have been reckless whether he caused an actus reus or not. It is not necessary that he must know that the act which he is going to commit is a crime. As per the IPC mens rea may be of any of the following forms: A. Intention, B. Voluntarily, C. Fraudulently, D. Dishonestly, E. With knowledge, F. Corruptly, G. Malignantly, H. Maliciously, I. Wantonly: wantonly means doing a thing recklessly or thoughtlessly without
regard to its consequences. J. Negligently, K. Rashly. Exceptions to Mens Rea: A. The penalty incurred is not great, B. The damage caused to the public by the offence is, comparison with the penalty, very great, C. Where at the same time, the offence is such that there would usually be peculiarity and difficulty in obtaining adequate evidence of the ordinary mens rea if that degree of guilt were to be required.
- MISTAKE OF FACT (SECTIONS 76 AND 79). Answer: Introduction: Chapter IV (Sections 76 to 106) deals with the various defences which a person, accused of an offence under the Code or any special or local law can plead. Applicability of chapter IV: General exceptions are available to accused of all offences. Burden of proof (Sec 105 of Indian Evidence Act): The general rule is that it is the duty of the prosecution to prove the case, But the burden of proving the existence of circumstances bringing the case of the accused within any of the general exceptions in the Penal Code, or within any special exception or proviso contained in any other part of the Code, or in any law defining the offence is upon him, and the court shall presume the absence of such circumstances. It means if an accused pleads an exception within the meaning of this Chapter there is a presumption against him and the burden to rebut that presumption is on him. Sec 76 states that nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believing himself to be, bound by law to do it. Section 79: Act done by a person justified, or by mistake of fact believing himself justified, by law: Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law, in doing it. Sec 76 and 79 of the IPC are based on the maxim ‘ignorantia facti excusat, ignorantia juris non-excusat’ which means ‘ignorance of fact excuses, ignorance of law does not excuse’. Mistake or ignorance of law: Ignorance of law is no excuse either in the case of a native or a foreigner. Mistake is one of the defences available to the accused to get exemption from criminal liability. Mistake is of two kinds, namely (1). Mistake of fact and (2). Mistake of law. Mistake of fact is a mistake which takes place when some fact which really exists is unknown; or some fact is supposed to exist which really does not exist. Mistake of law is a mistake occurring when a person having full knowledge of fact comes to an erroneous conclusion as to their legal effect.
Sec 97: Right of private defence of the body and of property – Every person has a right, subject to the restrictions contained in Section 99, to defend –
- His own body, and the body of any other person, against any offence affecting the human body;
- The property, whether movable or immovable, of himself or of any other person. Sec 98: Right of private defence against the act of a person of unsound mind, etc., Sec 99: Acts against which there is no right of private defence, Sec 100: When the right of private defence of the body extends to causing death Sec 101: When such right extends to causing any harm other than death, Sec 102: Commencement and continuance of the right of private defence of the body, Sec 103: When the right of private defence of property extends to causing death, Sec 104: When such right extends to causing any harm other than death, Sec 105: Commencement and continuance of the right of private defence of property, Sec 106: Right of private defence against deadly assault when there is risk of harm to innocent person.
- ACT OF CHILD (SECTIONS 82 & 83). Answer: Introduction: Chapter IV (Sections 76 to 106) deals with the various defences which a person, accused of an offence under the Code or any special or local law can plead. Applicability of the chapter IV: General exceptions are available to accused of all offences. Burden of proof (Sec 105 of Indian Evidence Act): The general rule is that it is the duty of the prosecution to prove the case, But the burden of proving the existence of circumstances bringing the case of the accused within any of the general exception in the Penal Code, or within any special exception or proviso contained in any other part of the Code, or in any law defining the offence is upon him, and the court shall presume the absence of such circumstances. It means if an accused pleads an exception within the meaning of this Chapter there is a presumption against him and the burden to rebut that presumption is on him. The exception for act of child is dealt under category “absence of criminal intent”. Section 82: Act of the child under seven years of age – Nothing is an offence which is done by a child under seven years of age. -In India a child below 7 years of age is considered to be doli incapax and therefore cannot be held guilty of any offence. -A child below 7 years of age is absolutely immune from criminal liability. Section 83: Act of a child above seven and under twelve of immature
understanding – Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. The following are ingredients of Section 83:
- An act done by a child above 7 years but under 12 years of age.
- The child must not have attained sufficient maturity of understanding to judge of the nature and consequence of his conduct.
- Incapacity must exist at the time of commission of the act. Section 83 deals with the cases of qualified immunity because a child above 7 but below 12 years of age is presumed to be possessed with maturity of understanding and capacity to commit a crime. However, the presumption is rebuttable and the burden to rebut this presumption lies upon the defendant. A child between 7 to 12 years of age is qualified to avail the defiance of doli incapax if it is proved that he has not attained sufficient maturity of understanding to understand the nature and consequences of his conduct on that occasion. Hiralal v State of Bihar, 1978, a boy of 11 years abused and killed a person, the defence under Section 83 was not allowed. Critique of Indian Law – It may be pointed out that the Indian Law relating to infancy suffers from one lacuna. Section 82 deals with an act done by a child below 7 years of age, Section 83 deals with acts of children who are above seven but below 12 years of age. The sections make no provision for an infant who is of exact 7 years. It is submitted that such an infant should be dealt with under section 82 of the Code because penal statutes are to be interpreted strictly.
- INSANITY (SECTION 84). Answer: Persons of unsound mind (Defence of Insanity): Section 84 of the Indian Penal Code states regarding the act of a person of unsound mind thus: Section 84: “Act of a person of unsound mind:- 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 he is doing what is either wrong or contrary to law”. The ingredients of Section 84 are:
- Act must be done by a person of unsound mind.
- Such person must be incapable of knowing: a).The nature of the act; or b).That the act was contrary to law; or c).That the act was wrong,
- Such incapacity must be by reason of unsoundness of mind of the offender,
- The incapacity of knowing the nature of act must exist at the time of doing of the act constituting the offence. Burden of proof (Sec 105 of Indian Evidence Act): The general rule is that it is the duty of the prosecution to prove the case, But the burden of proving the
conspiracy, and in order to the doing of that; or Thirdly: - Intentionally aids, by any act or illegal omission, the doing of that thing. Abetment is described in chapter V of IPC, from Section 107 to 120. When several persons take part in the commission of an offence, each one of them may contribute in a manner and degree different from the others to the commission of it. The offence may be committed by one person at the instigation of another person, while some others may only be present for offering help at the time of commission of it. English Law: Clear distinction is made between Principals who may be of the first or second degree and the accessories before and after the fact.
- Principal in the first degree is one who commits or actually takes part in the commission of a crime.
- Principal in the second degree is one who aids or abets the actual commission of a crime.
- Whoever directly or indirectly incites, counsels, procures, encourages or commands any person to commit a felony is accessory before the fact.
- Whoever, knowing that a felony has been committed by another person, receives, comforts or assists him in order to enable him to escape from punishment is known as accessory after the fact. The Indian Penal Code makes a broad distinction between principals and abettors but does not recognise the accessory after the fact except that harbouring of offenders has been made a substantive offence in some cases. Under the Indian Penal Code abetment is constituted in the following ways:
- By instigating a person to commit an offence; or
- By engaging in a conspiracy to commit an offence; or
- By intentionally aiding a person to commit an offence. Abetment is an offence only if the act abetted would itself be an offence punishable under the Indian Penal Code or under any other law for the time being in force.
- DEFINE KIDNAPPING (SEC. 359) AND DIFFERENTIATE FROM ABDUCTION (SEC.
Answer: Kidnapping as per Indian Penal Code (Sections 359-361 & 363). Section 359: Kidnapping – Kidnapping is of two kinds; kidnapping from India and kidnapping from lawful guardianship. Comment: The literal meaning of kidnapping is ‘child stealing’. Kidnapping is of two kinds:
- Kidnapping from India, and
- Kidnapping from lawful guardianship. In certain cases two forms of kidnapping may overlap each other. For example a minor kidnapped from India may well at the same time be kidnapped from his lawful guardianship also. Section 360. Kidnapping from India – Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.
Comment: For an offence under this section the victim may be a male or a female, whether major or a minor. This offence consists of the following ingredients:
- Conveying of any person beyond the limits of India.
- Such conveying must be without the consent of that person. If a person has attained the age of majority and has given his consent to his being conveyed, no offence is committed. The age of consent for the purposes of the offence of kidnapping is 16 years for boys and 18 years for girls. Section 361. Kidnapping from lawful guardianship – Whoever takes or entices any minor under sixteen years of age if a male, or under 18 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Section 362. Abduction – Whoever by force, compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. Comment: The section defines the word ‘abduction’. Abduction under this section is not a substantive offence by an auxiliary act which is not punishable by itself but made criminal only when it is done with one or other of the intentions specified in the following sections. Ingredients – The following are its essentials:-
- Forcible compulsion or inducement by deceitful means.
- The object of such compulsion or inducement must be the going of a person from any place. Distinction between kidnapping from Guardianship and Abduction: Kidnapping from guardianship Abduction
- Kidnapping is an act of simply taking or enticing away of a minor or a person of unsound mind (Sec. 361). Whoever by force compels or by any deceitful means induces, any person to go from any place is said to abduct that person (Sec. 362)
- The offence of kidnapping is committed only in respect of a minor under 16 years of age if a male and under 18 years if a female or a person of unsound mind. Abduction may be committed in respect of a person of any age.
- In kidnapping the person kidnapped is removed out of lawful guardianship. Therefore a child without guardian cannot be kidnapped. There can be no kidnapping of an orphan. Abduction refers exclusively to the person abducted. The person abducted need not be in the keeping of anybody.
- In kidnapping, the minor or the person of unsound mind is simply taken away or enticed to go with the kidnapper. The means employed may be innocent. Generally force is not applied. In abduction, means used are material and therefore force, compulsion or deceitful means must have been used.
- In kidnapping, consent of the person taken or enticed is immaterial because they are not competent to signify a valid consent. In abduction, consent of a person moved, if freely and voluntarily given, condones the offence.
- In kidnapping, the intent of the In abduction intent of the offender is an
person for another, or representing that he or any other person is a person other that he or such other person really is. Explanation: The offence is committed whether the individual personated is a real or imaginary person. Section 420: Cheating and dishonestly inducing delivery of property – Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
- SECTION 498A (CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND). Answer: 498A, Husband or relative of husband of a woman subjecting her to cruelty:- “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation: - For the purposes of this section, “cruelty” means –
- Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of a woman; or
- Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand” Meaning of relatives: - It was held in V.Seevetha v. State by Inspector of Police that in the absence of any statutory definition of the term “relatives” of husband, the term relative must be assigned a meaning as is commonly understood. Ordinarily it would include father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or grand-daughter of an individual or the spouse of any person. Therefore a girl friend or concubine of husband cannot be charged under Section 498-A, of IPC. Meaning of Cruelty: Cruelty is a common essential in offences under both the sections 304-B and 498-A of the IPC. Section 498-A has been introduced in the IPC by the Criminal Law (Amendment) Act, 1983 to combat the menace of dowry deaths. The sole constituent of the offence under Sec 498-A, IPC is ‘cruelty” which means any ‘wilful conduct”, which is of such a nature as is likely to drive the woman to commit suicide or to cause a grave injury. Cruelty or harassment need not be physical, even mental torture would be a case of cruelty. Cruelty or harassment was with a view to force the wife to commit suicide or to fulfil illegal demand of the husband and his relatives. Difference between Section 304-B and 498-A of the IPC. Section 304-B deals with dowry death being subjected to cruelty or harassment by her husband or
any relative of her husband. Section 498-A includes cruelty or harassment by her husband or any other relative of her husband for dowry and wilful conduct of her husband and his relatives, to cause her grave injury or danger to life, or to drive the woman to commit suicide, Section 498-A is more wider in meaning than 304-B. For advantages and disadvantages of Section 498-A, main disadvantage is misuse by wife and her parents, and advantage is the wife will get protection from cruelty and harassment of her husband and his relatives.
- DEFINE DOCUMENT (SECTION 29) AND WHAT ARE THE OFFENCES RELATED TO DOCUMENTS (FORGERY). Answer: Definition of Document (Section 29): The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter. Explanation 1: It is immaterial by what means or upon what substances the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. Explanation 2: Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of the section, although the same may not be actually expressed. The term ‘document’ includes everything done by the pen, by engraving, by printing, or otherwise, whereby, on paper, parchment, wood or other substance. Writing, words printed, lithographed or photographed a map or plan, an inscription on a metal plate or stone is a document. Offences relating to documents and to property marks:
- Forgery (Section 463): Whoever makes any false documents or false electronic record or part of a document or electronic record 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.
- Making a false document (Section 464): A person is said to make a false document or false electronic record – First – Who dishonestly or fraudulently – (a). makes, signs, seals or executes a document or part of a document; (b). makes or transmits any electronic record or part of any electronic record; (c). affixes any {electronic signature} or any electronic record; (d). makes any mark denoting the execution of a document or the authenticity of the {electronic signature}; with the intention of causing it to be believed that such document or part of document, electronic record. Secondly - Who, without lawful authority, dishonestly, or fraudulently, by
LONG QUESTIONS
1. DEFINE CRIME, DIFFERENT STAGES OF CRIME. EXPLAIN INCHOATE CRIMES.
Answer: Definition of Crime: Crime is defined as “an act punishable by law as forbidden by statute or injurious to the public welfare”. It is a very wide definition. Anything which is injurious to public welfare is a crime. According to Blackstone the crime is “an act committed or omitted in violation of a public law either forbidding or commanding it. As per the Oxford English Dictionary, Crime is “an act punishable by law as forbidden by statute or injurious to the public welfare”. The word ‘Crime’ is derived from Greek expression ‘Krimos’ which means social order and it is applied ‘to those acts that go against social order and are worthy of serious condemnation’. The word ‘Crime’ has not been defined in the Indian Penal Code. Crime is a Public Wrong, a Moral Wrong, a Conventional Wrong, a Social Wrong, and a Procedural Wrong. Commission of a crime involves mainly four stages, namely: (1). Intention or contemplation is the first stage in the commission of an offence. At this state the person has made up his mind to actually implement or execute his devious plans. Without intention, there is no commission of an offence, intention is a term which is very difficult to define. It can be variously said to mean the object, purpose, the ultimate aim or design behind doing an act. Intention is the conscious voluntary exercise of the mental faculties of a person to do an act, for the purpose of accomplishing or satisfying a purpose. (2). Preparation: The second stage in commission of a crime is ‘preparation’ (Sec 8 of Indian Evidence Act). Preparation means “to arrange the means or measures necessary for commission of the intended criminal act. Preparation is the action of preparing or getting ready (Sec. 8, Indian Evidence Act); something that is prepared; something made for a specific purpose; to make ready beforehand. It is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence.
It is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence. For example, Purchasing knife with the intention to kill someone is not a crime because it cannot be determined whether the knife was bought to kill someone or to cut vegetables. Mere preparation is punishable under the Indian Penal Code in respect of the following offences.
- Waging War (Section 122),
- Preparation to commit dacoity (Section 399),
- Preparation for counterfeiting coins and Government stamps (Sections 233 to 235, 255 and 257), and
- Possessing counterfeit coins, false coins, false weights or measurement and forged documents (Sections 242, 243, 259, 266 and 474). Preparation itself constitutes the actus reus. (3). Attempt: The third stage in commission of a crime is ‘attempt’. It is also known as ‘Preliminary Crime’ and ‘Inchoate Crime’ (inchoate means incomplete). Attempt is an effort or endeavour to do something; to try to accomplish or attain any action or object. An intentional act which a person does towards the commission of an offence but which fails in its object through circumstances independent of the volition of the person is attempt. An attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted. The stage of attempt is attained by performing physical action that, if left unstopped, cause or are bound to cause injury to someone. In R. v King, 1892 the accused was convicted for attempting to steal from the handbag of a woman although there was nothing in the bag. (4). Commission of Crime or Accomplishment: Actual commission of the offence is the final stage where the crime is actually done. The attack is the crime when the criminal violent person commits himself to using force or the threat of force to get what he wants. (5). Reaction: The new fifth stage of violent crime is reaction. Reaction is how the criminal feels about what he had done.
- DEFINE CRIME, WHAT ARE THE ESSENTIAL ELEMENTS OF CRIME. Answer: Definition of Crime: A crime is a public, moral, conventional, social and procedural wrong. Criminal guilt or act would attach to a man for violations of Criminal Law. However, the Latin Maxim ‘actus non facit reum nisi mens sit rea’ i.e. no crime without a guilty mind. The act should be a wrongful act – ‘actus reus’. A mere criminal intention not followed by a prohibited act cannot constitute a crime. Similarly mere ‘actus reus’ ceases to be a crime as it lacks ‘mens rea’. In juristic concept actus reus represents the physical aspect of crime, and mens rea, its mental aspect, which must be criminal. The criminal act causes harm to others. The chief elements necessary to constitute a crime are: (1). Human being: A human being under a legal obligation has to act in a particular way and he is a fit subject for appropriate punishment for his wrongful acts. The act
