Introduction to Criminal Laws Chapter Notes | Legal Studies for Class 12 - Humanities/Arts PDF Download

What do we understand by Crime? 

The word "crime" refers to an illegal act that is penalised by the state. 

• Since the meaning of crime is so ambiguous, no single, agreed definition exists.
• A basic principle of criminal law is that a conduct does not qualify as a crime unless it is expressly prohibited by the law. 
• Criminal acts harm not only the victim but also the state. Such actions are therefore prohibited and subject to legal sanctions. 
• Criminal law is the body of regulations that govern how crimes are punished.

Categories of Crime

• Crimes against Persons: Crimes against individuals like murder, aggravated assault, rape, and robbery.
• Crimes against Property: Offenses involving theft of property without physical harm, such as burglary, larceny, auto theft, and arson.
• Crimes against Morality: Acts considered immoral where no physical or property harm is done. Examples include prostitution, illegal gambling, and drug use.
• White-Collar Crime: Economic offenses committed by individuals of high social standing in their professional roles, like embezzlement, insider trading, and tax evasion.
• Organized Crime: Crime carried out by structured groups, often involving illegal distribution of goods and services. This extends beyond traditional mafia groups and can include control over various illegal enterprises like drug trade and money laundering.

1. Stages of Crime

• In most cases, the first two phases of an action—intention and preparation—do not result in any kind of criminal liability. 

Stages of a Crime

• This suggests that neither planning a crime nor just having the intention to conduct one is punished. 
• When one attempts the prohibited act after the stage of preparation, they become liable under criminal law.

2. Elements of Crime: Guilty Act and Guilty Mind 

• The act of doing something bad (actus reus) must typically be accompanied by the intent to do something bad in order to be considered criminal (mens rea). In most cases, the presence of both of these elements constitutes a crime.
• The principle of actus reus and mens rea are embedded in a Latin maxim, which is: "actus non Iacit reum, nisi mens sit rea"
• A mental element is required for a physical act to be classified as a crime. No action is typically considered illegal in nature unless this mental component is present.

What is Actus Reus ?

• Actus connotes a 'deed' which is a physical result of human conduct 
• Reus means means 'forbidden by law'

Actus reus in common parlance means a 'guilty act'. It is made up of three constituent parts, namely: 

1. An action or a conduct 
2. The result of that action or conduct 
3. Such act/conduct being prohibited by law

Mens Rea: guilty mind/ intent

• Mens rea generally means 'ill intention'. 
• The constituents of mens rea are:
  1. There must be a mind at fault/intention to constitute a crime.
  2. The act becomes criminal when the actor does it with a guilty mind.

Causing injury to an assailant in self-defense is not a crime, but the moment injury is caused with intent to take revenge, the act becomes criminal.

In India, the word mens rea, as such, is not defined in the IPC, but its essence is reflected in almost all the provisions of the Code. For framing a charge for an offence under the IPC, the traditional rule of existence of mens rea is to be followed. 

Strict Liability 

• The statement that mens rea must be present for an act to be classified as criminal has some exceptions. 
• These are typically the crimes brought on by "strict liability." These offences are sometimes known as deemed liability or vicarious offences.

For Example: Offences that are found in Special Acts such as the Negotiable Instruments Act, 1881, the Customs Act, 1962, and the Information Technology Act, 2000, which provide for deemed offences by directors / responsible officers of a company, if a company has committed a contravention / offence.

3. Distinction between Intention and Motive 

• One of the key elements needed to hold someone accountable for a crime is intention or a mental component. 
• But a typical misunderstanding about crime is that motive and intention are interchangeable terms. 
• It is crucial to comprehend the subtle differences between these two terminologies.

Criminal Law in India

1. Objectives of Criminal Law

Five objectives are widely accepted for enforcement of the criminal law by punishments:-

• Retribution: This concept focuses on restoring balance by penalizing a criminal in a way that equals the harm caused, like imposing capital punishment for murder.
• Deterrence: Aims to prevent crime by penalizing offenders, discouraging both repeat offenses and initial criminal acts.
• Incapacitation: Seeks to isolate criminals from society through imprisonment or, in severe cases, capital punishment.
• Rehabilitation: Strives to reform offenders, making them productive members of society by acknowledging the wrongfulness of their actions.
• Restoration: Focuses on compensating victims by restoring the harm caused, such as repaying embezzled funds, aligning with civil law principles.

2. What is Criminal Law?

• The purpose of Criminal Law in India is:
  • First, to define various crimes like theft, cheating, murder, etc.
  • Second, to prescribe suitable punishments for each crime such as imprisonment or fine.
  • Third, to establish appropriate investigation and trial procedures.

3. Sources of Criminal Law

• Important sources of Criminal Law in India include:
  • The Indian Penal Code, 1860: Defines crimes like murder, theft, etc.
  • Code of Criminal Procedure, 1973: Specifies investigation and trial procedures.
  • The Indian Evidence Act, 1872: Defines admissible evidence in court.
  • Special Criminal Laws: Such as Prevention of Corruption Act, Food Adulteration Act, etc.

4. Indian Penal Code, 1860

• The Indian Penal Code (IPC) is the primary criminal code in India, passed in 1860.
• It is uniformly applicable in all states except Jammu and Kashmir.
• Divided into twenty-three chapters with over 500 sections.

Classification of crimes under the IPC includes:

• Crimes Against Body: Murder, Kidnapping, Assault.
• Crimes Against Property: Theft, Robbery, Burglary.
• Crimes Against Public Order: Riots, Arson.
• Economic Crimes: Cheating, Counterfeiting.
• Crimes Against Women and Children: Rape, Dowry Death, Child Abduction, etc.
• Theft as defined under Section 378 of the IPC:
  • Theft occurs when someone dishonestly takes movable property without consent.
  • Punishment for theft under Section 379 can include imprisonment or fine.

In summary, Criminal Law in India encompasses the Indian Penal Code and the Code of Criminal Procedure, among other legislations, to define crimes, punishments, and trial procedures.

5. Criminal Procedure Code, 1973 (CrPC)

• Objective: The primary aim of the Criminal Procedure Code is to establish a structured framework for investigating and prosecuting offenders.
• Scope: It defines the procedures for the investigation of offenses by law enforcement and the subsequent legal proceedings in court against individuals accused of violating any criminal laws, whether under the Indian Penal Code (IPC) or other legislation.

Types of Offenses Covered: CrPC encompasses all offenses outlined in the Indian Penal Code. The IPC specifies the legal definitions of criminal acts, determining whether an action constitutes a criminal offense. CrPC, on the other hand, outlines the procedures for commencing legal proceedings and prosecutions for criminal offenses.

Procedures: CrPC delineates the methods and locations where investigations, inquiries, and trials regarding offenses should occur. It establishes the guidelines for the entire process of dealing with criminal offenses within the legal system.

Classification of Offences

1. Bailable and non-bailable offences: Minor offences allow the accused to seek bail while awaiting trial (bailable). However, more serious offenses do not guarantee bail, and it is at the court's discretion (non-bailable).
2. Cognizable and non-cognizable offences: Serious crimes like murder are cognizable, enabling police to arrest without a warrant. In contrast, for non-cognizable offenses like criminal defamation, police need a magistrate's order to proceed.
3. Compoundable and non-compoundable offences: In some cases, the accused can settle with the State by paying a fine instead of imprisonment (compoundable). For example, getting caught without a ticket on public transport. However, not all offenses are compoundable, especially serious crimes like murder.

Stages in the Prosecution of an Offence: Firstly, the police investigates into a complaint made usually by a victim. Secondly, based on the report of the police, the state prosecutes the accused at a criminal trial where the accused may either be convicted (found guilty), or acquitted (found not-guilty). 

Investigation of Offences: The police conduct a preliminary investigation post a First Information Report (FIR) filing. This phase includes efforts like visiting the crime scene, gathering evidence, and preparing a charge-sheet for trial.

• Trial: Based on the police report, the state prosecutes the accused in court. The outcome can be a conviction (guilty) or an acquittal (not guilty).

Investigation into criminal offenses culminates in a police report presented to the magistrate. If the police decline to investigate, a complainant can directly approach the magistrate to file a complaint, who may then proceed to try the case or direct the police to investigate and submit a report.

Trial of an Offense: This involves the judicial determination of guilt or innocence. In the Criminal Procedure Code (CrPC), criminal trials are classified into three types: warrant, summons, and summary trials.

• Warrant Cases: These pertain to offenses punishable by death or imprisonment exceeding two years. The CrPC outlines two procedures for the trial of warrant cases by a magistrate: those initiated based on a police report and those initiated based on a complaint.
• Investigation, Inquiry, and Trial: The CrPC delineates detailed procedures for the administration of criminal justice, dividing it into three stages: investigation, inquiry, and trial.
• Discharge of Accused: In cases initiated based on a police report, the magistrate can discharge the accused after reviewing the police report. For cases initiated otherwise, the magistrate must hear the prosecution and evidence.
• Regular Trial: If the accused is not discharged, the magistrate proceeds with a regular trial after framing the charge.
• Sessions Court Trial: Offenses punishable by severe penalties are tried in a Sessions Court after being committed by a magistrate.
• Summons Cases: These involve offenses not warranting severe penalties. The court provides the accused with a notice of the accusation without framing a charge.
• Summary Trials: Certain minor offenses can be tried summarily, imposing limited sentences and fines. Offenders may be summoned to court or fined without the right of appeal for fines of Rs. 200 or less.

The Criminal Procedure Code (CrPC) ensures a structured approach to the investigation, inquiry, and trial of criminal offenses, varying procedures based on the severity of the offense and the nature of the case.

Stages of a Trial

Framing of Charge or Giving of Notice:

• The trial commences with the judge evaluating evidence to establish a prima facie case against the accused.
• If evidence is sufficient, the court frames the charge; if not, the accused is discharged.
• Accused is informed of the charge and can plead guilty or not guilty.
• Actual trial starts after framing the charge, preceding it is called an inquiry.

Recording of Prosecution Evidence:

• After framing the charge, prosecution presents witnesses for examination-in-chief.
• Accused has the right to cross-examine all prosecution witnesses.

Statement of Accused:

• Court can question the accused at any stage of the trial to elicit explanations.
• Accused is given an opportunity to explain incriminating circumstances.
• Plea Bargaining:
  • Negotiations between prosecution and defendant where defendant agrees to plead guilty for a lesser punishment.

Defence Evidence:

• If judge finds no evidence of the accused's guilt, an order of acquittal is recorded.
• If defence evidence is required, witnesses may be examined, including the accused.
• Burden of proof lies on the prosecution to prove guilt beyond reasonable doubt in India.

Final Arguments:

• Final arguments are the conclusive stage of a trial where the prosecutor summarizes the prosecution's case, followed by the accused's right to reply.

Judgement:

• After the final arguments, the judge delivers the judgment in the trial.

Indian Evidence Act 1872

• The Indian Evidence Act governs how facts are proven through evidence in court proceedings.
• It aids judges in discerning valid evidence, emphasizing the importance of presenting the best evidence relevant to the case.

Main principles of the Act include:

• Evidence must pertain to the matter at hand.
• Hearsay evidence is inadmissible.
• The best evidence should be presented in all instances.

The Act is structured into three parts:

• Part I: Focuses on the relevancy of facts (Sections 5 to 55).
• Part II: Addresses how relevant facts are to be proven, including oral and documentary evidence (Sections 56 to 113).
• Part III: Outlines the production and effects of evidence (Sections 114 to 167).

Confession:

• A statement made by an accused in criminal proceedings to prove their guilt.
• If made voluntarily, it can be treated as conclusive evidence of the confessed matters.
• Always goes against the person making it.
• Confessions by co-accused can be considered jointly (section 30).
• Can be written or oral, directly admitting to the offense.
• Judicial confessions are made before a magistrate or in court.
• Extra-judicial confessions are made outside the legal proceedings and can be accepted based on credibility tests.

Admission:

• Relates to civil transactions and includes statements defined in sections 17, 18, 19, and 20.
• Not conclusive evidence and may operate as an estoppel.
• May be used on behalf of the person making it under section 21 of the evidence act.
• An admission gives an inference about the liability of the person making it.
• Admissions are not necessarily communicated to others to be relevant in evidence.

Crimes under Special and Local Laws

Certain acts are considered criminal under Special and Local Laws, even if not in the IPC. Some examples include:

I. Arms Act, 1959;
II. Narcotic Drugs & Psychotropic Substances Act, 1985;
III. Gambling Act, 1867;
IV. Excise Act, 1944;
V. Prohibition Act;
VI. Explosives & Explosive substances Act, 1884 &1908.
VII. Immoral Traffic (Prevention) Act, 1956;
VIII. Railways Act, 1989;
IX. Registration of Foreigners Act, 1930;
X. Protection of Civil Rights Act, 1955;
XI.  Indian Passport Act, 1967