Test: Criminal Law - 1 - CUET Humanities MCQ

Mens rea and actus reus are two essentials of any crime and are the principles used in most common law countries. Actus reus can be a physical act (hitting someone), a failure to act (watching someone being hit) or a state of being (having stolen property in your possession). It must be shown that a person committed an act prohibited by law. Mens rea is the mental element of a crime. It includes motive, intent, knowledge and recklessness/carelessness. Mens rea is the 'guilty mind' or guilty intention to commit a crime, with the intention of causing hurt to another person or animal or with the express intention of disturbing the peace. Actus reus, however, is the guilty act, which is a necessity in proving that a criminal act was committed.

'Mens rea' means guilty or malafide intention. In order to make an act punishable it is very important that the act must be done with a guilty intention.

Upon receiving a complaint about the commission of an offence, the police registers the FIR [First Information Report], upon which the initial step of criminal proceeding, i.e. investigation is commenced.

Under the Code of Criminal Procedure, 1973 there is a difference made between compoundable offences and non-compoundable offences. Section 320 of CrPC deals with Compoundable offences which are less serious in nature. Under a compoundable offence, the complainant who filed the case may enter into a compromise and can drop the charges made against the accused. All the offences which are not mentioned under section 320 of CrPC are classified as non-compoundable offences. In these cases, the State or the police files case and act as the complainants and, hence, it is not possible for them to enter into a compromise.

In criminal cases, the burden of proving the defendant's guilt is on the prosecution and they must establish that fact beyond a reasonable doubt.

Section 260 states that the following offences may be tried summarily:
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) theft, under section 379, section 380 or section 381 of the India Penal Code (45 of 1860 ), where the value of the property stolen does no exceed two hundred rupees;
(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860 ), where the value of the property does not exceed two hundred rupees;
(iv) assisting in the concealment or disposal of stolen property under section 414 of the Indian Panel Code (45 of 1860 ), where the value of such property does not exceed two hundred rupees;
(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860 );
(vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506 of the Indian Penal Code (45 of 1860 );
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle- trespass Act, 1871 (1 of 1871 ).

The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), is the main legislation on procedure for administration of substantive criminal law in India. Cognizable and non-cognizable offences, bailable and non-bailable offences, and summons cases and warrant cases are all classified under the code of criminal procedure. Various clauses of Section 2 of the Code define these classifications.

Section 320 of the IPC deals with the compounding of offences. It lists the offences which are compoundable in nature and all other offences which are not listed here will be treated as non-compoundable offences.

Chapter XXIA of the Criminal Procedure Code deals with Plea Bargaining. Section 265A, under this chapter, clearly states, 'This Chapter shall apply in respect of an accused against whom — the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.' So, if the offence is committed against a child of more than 14 years of age, application for plea bargaining can be filled.

Preponderance of probability is not the feature of the criminal system as in criminal cases, offence must be proved beyond any reasonable doubt.