CLAT Exam > CLAT Notes > Legal Reasoning > Cheat Sheet: Criminal Law
Cheat Sheet: Criminal Law
1. General Principles
1.1 Definition and Nature
| Term | Definition |
|---|---|
| Crime | A wrongful act punishable by the State under law; offense against public order and welfare. |
| Indian Penal Code (IPC) | Main criminal code of India enacted in 1860; substantive criminal law. |
| Criminal Procedure Code (CrPC) | Procedural law for administration of criminal law in India; enacted in 1973. |
| Bharatiya Nyaya Sanhita (BNS) | New criminal code that replaces IPC; came into effect in July 2024. |
1.2 Essential Elements of Crime
| Element | Explanation |
|---|---|
| Actus Reus | Physical act or omission that constitutes the criminal offense; guilty act. |
| Mens Rea | Mental state or intention to commit the crime; guilty mind. |
| Injury/Harm | Wrongful loss or damage to person, body, reputation, or property. |
1.3 Classification of Offenses
- Cognizable: Police can arrest without warrant; serious offenses (murder, rape, theft)
- Non-cognizable: Police cannot arrest without warrant; minor offenses (assault, defamation)
- Bailable: Accused has right to bail; less serious offenses
- Non-bailable: Bail at discretion of court; serious offenses
- Compoundable: Can be settled between parties; minor offenses
- Non-compoundable: Cannot be settled privately; serious offenses against State
2. Stages of Crime
2.1 Intention
- Mere intention to commit crime is not punishable
- Must be accompanied by some overt act
2.2 Preparation
- Arranging means or measures for commission of offense
- Generally not punishable except in specific cases (preparing to wage war, counterfeiting)
2.3 Attempt
- Direct movement toward commission after preparation
- Punishable under IPC/BNS; punishment up to half of maximum punishment for completed offense
- Must be proximate to completion; mere preparation is insufficient
2.4 Commission
- Actual completion of criminal act
- Full punishment prescribed for offense applies
3. General Exceptions
3.1 Capacity-Based Exceptions
| Exception | Details |
|---|---|
| Judicial Acts (Section 77) | Acts of judges done in exercise of judicial powers are protected. |
| Acts pursuant to Court Order (Section 78) | Acts done in good faith pursuant to judgment/order of court are protected. |
| Accident (Section 80) | Act done by accident or misfortune without criminal intention/knowledge. |
| Infancy (Section 82) | Child below 7 years cannot commit crime; doli incapax. |
| Infancy (Section 83) | Child 7-12 years: not liable if lacking maturity to understand consequences. |
| Insanity (Section 84) | Person of unsound mind incapable of knowing nature of act or that it is wrong/contrary to law. |
| Intoxication (Section 85-86) | Involuntary intoxication is defense; voluntary intoxication is not, except for specific intent crimes. |
3.2 Consent-Based Exceptions
| Section | Exception |
|---|---|
| 87 | Act not intended to cause death, done with consent; harm must be within consented limits. |
| 88 | Act for benefit of person, in good faith, with consent (medical procedures). |
| 89 | Act done for child/insane person's benefit by guardian in good faith. |
| 92 | Act done in good faith for another's benefit without consent when consent cannot be obtained. |
3.3 Right-Based Exceptions
| Section | Right |
|---|---|
| 96-106 | Private defense of body and property; force must be proportionate. |
| 79 | Acts done under mistake of fact believing oneself justified by law. |
| 81 | Acts done under compulsion/necessity to avoid greater harm. |
3.4 Private Defense
3.4.1 Right of Private Defense of Body
- Extends to causing death when assault reasonably causes apprehension of death, grievous hurt, rape, acid attack, kidnapping
- Commences when reasonable apprehension arises; continues while danger persists
- Cannot be exercised against public servants acting in good faith
3.4.2 Right of Private Defense of Property
- Extends to causing death for robbery, house-breaking at night, mischief by fire, theft/mischief where death/grievous hurt threatened
- Force must be proportionate to threat
- No right against lawful acts of public servants
4. Parties to Crime
4.1 Principal Offender
- Person who actually commits the offense
- Direct perpetrator of criminal act
4.2 Abetment
| Type | Definition (Section 107) |
|---|---|
| Instigation | Active suggestion, encouragement, or incitement to commit offense. |
| Conspiracy | Engagement with one or more persons in conspiracy to commit offense. |
| Intentional Aid | Intentionally aiding commission of offense by act or illegal omission. |
4.2.1 Punishment for Abetment
- If act abetted is committed: same punishment as offender (Section 109)
- If act not committed: up to quarter of longest term + fine (Section 110)
- If abettor/person abetted is public servant: enhanced punishment (Section 111)
4.3 Criminal Conspiracy (Section 120A)
- Agreement between two or more persons to do illegal act or legal act by illegal means
- Punishable with imprisonment up to 6 months or fine or both
- If conspiracy to commit serious offense: same punishment as abetment
4.4 Common Intention (Section 34)
- When criminal act done by several persons in furtherance of common intention, all liable as if done by each alone
- Pre-arranged plan required; prior meeting of minds
- Distinguished from common object: requires active participation
4.5 Common Object (Section 149)
- Unlawful assembly: every member liable for offense committed in prosecution of common object
- Applies to offenses members knew were likely to be committed
- Mere membership in unlawful assembly sufficient; need not participate in actual offense
5. Offenses Against Human Body
5.1 Culpable Homicide and Murder
| Offense | Definition |
|---|---|
| Culpable Homicide (Section 299) | Causing death: (1) with intention of causing death, (2) with intention of causing bodily injury likely to cause death, (3) with knowledge that act is likely to cause death. |
| Murder (Section 300) | Culpable homicide is murder if: (1) intention to cause death, (2) intention to cause bodily injury sufficient in ordinary course to cause death, (3) intention to cause bodily injury that person knows is likely to cause death, (4) knowledge that act is so imminently dangerous that it will in all probability cause death. |
5.1.1 Exceptions to Murder (Section 300)
- Exception 1: Grave and sudden provocation reducing murder to culpable homicide
- Exception 2: Exceeding right of private defense in good faith
- Exception 3: Public servant exceeding lawful powers in good faith
- Exception 4: Sudden fight without premeditation in heat of passion
- Exception 5: Consent of person killed (above 18 years)
5.1.2 Punishment
- Murder (Section 302): death or life imprisonment + fine
- Culpable homicide not amounting to murder (Section 304): imprisonment up to life or up to 10 years + fine
5.2 Causing Death by Negligence
| Section | Offense |
|---|---|
| 304A | Causing death by rash or negligent act: imprisonment up to 2 years or fine or both. |
5.3 Hurt and Grievous Hurt
| Type | Definition |
|---|---|
| Hurt (Section 319) | Causing bodily pain, disease, or infirmity. |
| Grievous Hurt (Section 320) | Emasculation, permanent sight loss, hearing loss, facial disfigurement, bone/tooth fracture, joint dislocation, permanent body part impairment, severe burns. |
5.3.1 Punishment
- Voluntarily causing hurt (Section 323): imprisonment up to 1 year or fine up to Rs. 1,000 or both
- Voluntarily causing grievous hurt (Section 325): imprisonment up to 7 years + fine
- By dangerous weapons/means (Section 326): imprisonment up to 10 years + fine
5.4 Assault and Criminal Force
| Offense | Definition |
|---|---|
| Assault (Section 351) | Gesture or preparation intending/knowing it will cause apprehension of criminal force. |
| Criminal Force (Section 350) | Intentionally using force on another without consent to commit offense or cause injury/fear/annoyance. |
5.5 Wrongful Restraint and Confinement
- Wrongful restraint (Section 339): Obstructing person from proceeding in any direction; imprisonment up to 1 month or fine up to Rs. 500 or both
- Wrongful confinement (Section 340): Restraining person from moving beyond certain limits; imprisonment up to 1 year or fine up to Rs. 1,000 or both
5.6 Kidnapping and Abduction
| Offense | Definition |
|---|---|
| Kidnapping from India (Section 359) | Taking/enticing person beyond limits of India without consent of guardian. |
| Kidnapping from Lawful Guardianship (Section 361) | Taking person under 16 (male) or 18 (female) without consent of lawful guardian. |
| Abduction (Section 362) | Compelling person by force or deceitful means to go from any place. |
5.6.1 Key Distinctions
- Kidnapping: no force required; consent irrelevant; age-based
- Abduction: force/deceit required; consent of person relevant; no age limit
- Kidnapping (Section 363): imprisonment up to 7 years + fine
- Kidnapping for murder (Section 364): imprisonment up to life or 10 years + fine
6. Sexual Offenses
6.1 Rape (Section 375-376)
6.1.1 Definition
- Sexual intercourse with woman under circumstances falling under 7 descriptions
- Against her will; without consent; with consent obtained by coercion/fraud; with consent when she believes man to be her husband; with or without consent when under 18 years; when unable to communicate consent
- Penetration sufficient to constitute offense
6.1.2 Punishment (Section 376)
- Rigorous imprisonment not less than 10 years, extending to life + fine
- Rape of woman under 16 years: minimum 20 years, may extend to life or death
- Rape of woman under 12 years: minimum 20 years, may extend to life or death
- Gang rape: minimum 20 years, may extend to life + fine
6.2 Sexual Harassment (Section 354A)
- Physical contact and advances; demand for sexual favors; showing pornography; making sexually colored remarks
- Imprisonment up to 3 years or fine or both
6.3 Assault with Intent to Outrage Modesty (Section 354)
- Use of criminal force intending to outrage or knowing it will outrage woman's modesty
- Imprisonment up to 5 years + fine
6.4 Voyeurism and Stalking
- Voyeurism (Section 354C): Watching/capturing images of woman in private act; imprisonment up to 3 years + fine
- Stalking (Section 354D): Following/contacting woman despite clear disinterest; imprisonment up to 3 years + fine; subsequent offense: up to 5 years + fine
7. Offenses Against Property
7.1 Theft (Section 378)
- Dishonestly taking movable property out of another's possession without consent
- Punishment (Section 379): imprisonment up to 3 years or fine or both
- Theft in dwelling house (Section 380): imprisonment up to 7 years + fine
- Theft by clerk/servant (Section 381): imprisonment up to 7 years + fine
7.2 Extortion (Section 383)
- Intentionally putting person in fear of injury to induce delivery of property or valuable security
- Punishment (Section 384): imprisonment up to 3 years or fine or both
- If threat is of death/grievous hurt (Section 386): imprisonment up to 10 years + fine
7.3 Robbery and Dacoity
| Offense | Definition |
|---|---|
| Robbery (Section 390) | Theft or extortion accompanied by use of force or fear of instant death/hurt/wrongful restraint. |
| Dacoity (Section 391) | Robbery committed by 5 or more persons conjointly. |
7.3.1 Punishment
- Robbery (Section 392): rigorous imprisonment up to 10 years + fine
- Robbery with attempt to cause death/grievous hurt (Section 394): imprisonment up to life or rigorous imprisonment up to 10 years + fine
- Dacoity (Section 395): imprisonment for life or rigorous imprisonment up to 10 years + fine
- Dacoity with murder (Section 396): death or imprisonment for life + fine
7.4 Criminal Misappropriation and Breach of Trust
| Offense | Definition |
|---|---|
| Criminal Misappropriation (Section 403) | Dishonestly misappropriating or converting to own use movable property. |
| Criminal Breach of Trust (Section 405) | Dishonestly misappropriating/converting property entrusted or over which person has dominion. |
7.4.1 Punishment
- Criminal misappropriation (Section 404): imprisonment up to 2 years or fine or both
- Criminal breach of trust (Section 406): imprisonment up to 3 years or fine or both
- By carrier/clerk/servant (Section 407): imprisonment up to 7 years + fine
- By public servant/banker/merchant/agent (Section 408): imprisonment up to life or up to 10 years + fine
7.5 Cheating (Section 415)
- Deception of any person to: (1) deliver property, (2) consent to retention of property, (3) do/omit to do something causing damage/harm
- Punishment (Section 417): imprisonment up to 1 year or fine or both
- Cheating by personation (Section 419): imprisonment up to 3 years or fine or both
7.6 Mischief (Section 425)
- Causing destruction, damage, or change to property intending wrongful loss/damage
- Punishment (Section 426): imprisonment up to 3 months or fine or both
- Mischief by fire/explosive (Section 435): imprisonment up to 7 years + fine
- Mischief causing damage of Rs. 50 or more (Section 427): imprisonment up to 2 years or fine or both
7.7 Criminal Trespass and House-breaking
| Offense | Definition |
|---|---|
| Criminal Trespass (Section 441) | Entry into/remaining in property in possession of another with intent to commit offense/intimidate/insult/annoy. |
| House-breaking (Section 445) | Entering/exiting house/building for committing offense by means of passage made by oneself or by opening/climbing/entering through unlocked passage. |
| Lurking House-trespass (Section 443) | House-trespass having taken precautions to conceal trespass. |
7.7.1 Punishment
- Criminal trespass (Section 447): imprisonment up to 3 months or fine up to Rs. 500 or both
- House-trespass (Section 448): imprisonment up to 1 year or fine up to Rs. 1,000 or both
- House-breaking (Section 454): imprisonment up to 2 years + fine
- Lurking house-trespass at night (Section 456): imprisonment up to 3 years + fine
8. Offenses Against Public Tranquility
8.1 Unlawful Assembly (Section 141)
- Assembly of 5 or more persons with common object to: (1) resist execution of law, (2) commit mischief/trespass, (3) obtain possession of property by force, (4) compel person to do illegal act, (5) commit offense
- Punishment (Section 143): imprisonment up to 6 months or fine or both
- If member armed with deadly weapon (Section 144): imprisonment up to 2 years or fine or both
8.2 Rioting (Section 146)
- Force or violence used by unlawful assembly or its members
- Punishment (Section 147): imprisonment up to 2 years or fine or both
- Rioting armed with deadly weapon (Section 148): imprisonment up to 3 years or fine or both
8.3 Affray (Section 159)
- Two or more persons fighting in public place disturbing public peace
- Punishment (Section 160): imprisonment up to 1 month or fine up to Rs. 100 or both
9. Offenses Against State
9.1 Sedition (Section 124A)
- Bringing hatred/contempt/exciting disaffection toward Government established by law through words/signs/visible representation
- Punishment: imprisonment up to life + fine or imprisonment up to 3 years + fine or fine alone
- Explanation: Disapprobation of government measures without exciting hatred is not sedition
9.2 Waging War (Section 121)
- Waging war against Government of India or attempting/abetting such war
- Punishment: death or imprisonment for life + fine
- Conspiracy to wage war (Section 121A): imprisonment for life or up to 10 years + fine
10. Defamation
10.1 Definition (Section 499)
- Making/publishing imputation concerning person intending to harm reputation or knowing it will harm reputation
- By words (spoken/written), signs, or visible representations
- Must be made to third person; communication only to defamed person is not defamation
10.2 Exceptions
- Imputation of truth for public good
- Public conduct of public servants
- Conduct in public questions
- Publication of court proceedings
- Merits of cases decided by courts
- Good faith opinions on public performance
- Cautions for good of person concerned or public
- Accusations made in good faith to authorities
- Good faith protection of interests
10.3 Punishment (Section 500)
- Simple imprisonment up to 2 years or fine or both
- Bailable, non-cognizable, compoundable offense
11. Juvenile Justice
11.1 Juvenile Justice Act, 2015
- Child: person below 18 years of age
- Child in conflict with law: child alleged to have committed offense
- Petty offense: offense with maximum punishment up to 3 years
- Serious offense: punishment between 3-7 years
- Heinous offense: minimum punishment 7 years or more
11.2 Treatment of Children (16-18 years) in Heinous Offenses
- Juvenile Justice Board conducts preliminary assessment
- If child tried as adult: Children's Court has jurisdiction
- If convicted: kept in safe place till 21 years, then adult jail
- Children below 16 years: always treated as juveniles regardless of offense
12. Important Legal Maxims
| Maxim | Meaning |
|---|---|
| Actus non facit reum nisi mens sit rea | Act does not make one guilty unless mind is guilty; both actus reus and mens rea required. |
| Actus me invito factus non est meus actus | Act done by me against my will is not my act; no liability without voluntary act. |
| Ignorantia facti excusat, ignorantia juris non excusat | Ignorance of fact excuses, ignorance of law does not excuse. |
| Ei incumbit probatio qui dicit, non qui negat | Burden of proof lies on person who asserts, not on person who denies. |
| Res ipsa loquitur | Thing speaks for itself; facts sufficient to establish negligence. |
13. Bharatiya Nyaya Sanhita (BNS) 2024 - Key Changes
13.1 New Provisions
- Organized crime and terrorism provisions added
- Community service as punishment introduced
- Enhanced punishment for crimes against women and children
- Sedition replaced with offenses against State provisions
- Petty offenses can be tried summarily
13.2 Section Number Changes
- Murder: IPC 302 → BNS 103
- Theft: IPC 378-382 → BNS 303-307
- Rape: IPC 375-376 → BNS 63-70
- Most sections renumbered; substantive provisions largely similar
The document Cheat Sheet: Criminal Law is a part of the CLAT Course Legal Reasoning for CLAT.
All you need of CLAT at this link: CLAT
About this Document
4.78/5 Rating
Apr 19, 2026 Last updated
Related Exams
Document Description: Cheat Sheet: Criminal Law for CLAT 2026 is part of Legal Reasoning for CLAT preparation. The notes and questions for Cheat Sheet: Criminal Law have been prepared according to the CLAT exam syllabus. Information about Cheat Sheet: Criminal Law covers topics like and Cheat Sheet: Criminal Law Example, for CLAT 2026 Exam. Find important definitions, questions, notes, meanings, examples, exercises and tests below for Cheat Sheet: Criminal Law.
Introduction of Cheat Sheet: Criminal Law in English is available as part of our Legal Reasoning for CLAT for CLAT & Cheat Sheet: Criminal Law in Hindi for Legal Reasoning for CLAT course. Download more important topics related with notes, lectures and mock test series for CLAT Exam by signing up for free. CLAT: Cheat Sheet: Criminal Law
Description
Cheat Sheet: Criminal Law of Legal Reasoning to help you remember important concepts with short tricks. Start learning for CLAT exam & improve retention with EduRev.
Information about Cheat Sheet: Criminal Law
In this doc you can find the meaning of Cheat Sheet: Criminal Law defined & explained in the simplest way possible. Besides explaining types of Cheat Sheet: Criminal Law theory, EduRev gives you an ample number of questions to practice Cheat Sheet: Criminal Law tests, examples and also practice CLAT tests
Related Searches
Extra Questions, Exam, Cheat Sheet: Criminal Law, shortcuts and tricks, Previous Year Questions with Solutions, Sample Paper, Cheat Sheet: Criminal Law, video lectures, Objective type Questions, pdf , past year papers, Cheat Sheet: Criminal Law, Viva Questions, Summary, MCQs, Free, Important questions, Semester Notes, practice quizzes, ppt, mock tests for examination, study material;