UNIT I Basics

8/11/2019 UNIT I Basics

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General Principles of Crime

Nature of a crime

o Denition: According to Blackstones, Crime is denedas a violation of public rights and duties due to thewhole communit, considered as a communit!Blackstone does not intend to suggest that crimesviolates no other rights besides public ones, obviouslever theft violates some private right of propert! "tcan be e#pressed more clearl as $A crime is a violation

of a right, considered in reference to the evil tendencof such violation as regards the communit at large!%o ort an! "rime:o "rime in the primiti#e state:o "rimes the creation of $o#ernment policy:o Distinction between "rime an! other wrongs

un!er common %aw:o "rime an! morality !istinction:o "ircumstances when morality amounts to crime:o &tate's responsibility to !etect( control an!

punish crime:

"haracteristics of a crime

&arm Brought about b &uman Conduct 'overeign state desires to prevent it (easure for prevention includes threat of Punishment 'pecial proceedings emploed to decide whether the

accused has caused the harm and in)icting punishment

he place of "riminal %aw in "riminal &cience

*hree branches of Criminal 'cience:

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"riminology: "t deals with the causes of Crime + bothBiological and 'ocial

"riminal )olicy: 'tudies the measures to limit theharmful conduct, *akes measures b setting up social

organiations to prevent harmful activities and lasdown the principles b which harms are classed ascrimes and how criminals are to be treated

"riminal law: -hat conduct is considered as tort andwhat is Crime, Prescribes the punishment! "t is aninstrument used to implement the Criminal polic

Principles of criminal liabilit

he perio! of &trict %iability

'trict liabilit crimes are those in which the defendant is heldliable for a criminal o.ense he committed, even if mens reais absent! *hough the defendant did not intend an harm bhis actions and was completel unaware that he wascommitting an illegal act, the !octrine of strict liabilityholds him liable for the criminal o.enses committed!

(ost cases of strict liaiblit are minor infractions andmisdemeanors, not nearl as serious as felonies, but still

warranting heav nes and up to a ear in /ail! 0#amples ofminor o.enses for which violators are held strictl liable areparking violations, speeding unknowingl, selling alcohol tominors and, in some /urisdictions, emploing people underthe age of fourteen!

*ental +lement in "riminal %iability

*o constitute a crime and sub/ect the o.endor to a liabilit to

punishment, i!e!, to produce legal criminal $guilt%, a mentalas well as a phsical element is necessar! *hus, to use ama#im $,ctus non facit reum mens sit rea$! *he actdoes not make a person guilt unless the mind is also guilt!

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"t is a well known principle of natural /ustice meaning noperson could be punished in a proceeding of criminal natureunless it can be shown that he had a guilt mind!

Accordingl, ever crimeinvolves:

1! A particular phsical condition + a vicious conduct2! A particular mental condition + a vicious intention

,ctus eus

,ctus+ A phsical result of human conduct and eus+criminal polic that prohibits and seek to prevent itsoccurrence b imposing penalt for its commission! *hus,

Actus 3eus means $such result of human con!uct as thelaw seeks to pre#ent%

4or e#ample, A repeatedl stabbed B and thereb causedserious in/ur to his heart and lungs because of this in/ur Bdied! A stabbed B with an intention to cause death of B! &ereAs act of repeated stabbing and in/uring of B is conduct, theresult of such conduct is the death of B

, mere injury cause! by a con!uct is not actus reus:

4or e#ample, when the court sentences a death penalt to aperson and the e#ecution takes place!

esults of mission: "n man cases, even the omission ofaction 5ualies as actus reus!

"ausation:&arm is an event and event is the product ofpluralit of factors! *here are several causes of one event!'o, it can be reasonabl said that the event is caused b one

of these factors if it would not have happened without thatfactor! 4or e#ample, a man can be said to have caused theactus reus of a crime if that actus would not have occurredwithout his participation in what was done!

No physical participation an! liability for actus reus Principles

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Accessories "ncitement Conspirator Circumstances where instigator is primaril liable and

instigated is guiltless

here another person inter#ene! #. %awe:0ngineer deserting his work, leaving the

engine in charge of an ignorant bo who declaredhimself incompetent to handle the engine!

#. 0or!on: A stabbed B, B subse5uentl died! (edicalevidence showed that B died due to Broncho6Pneumonia due to mistaken administration ofantibiotics and intravenous in/ection!

ictim's wn "on!uct has a2ecte! the result #. orsey: A sets re to a stack of straw! -hile the

stack was burning, the victim was seen in )ames andhis bod was found in the stack ard! 7o evidence as tohow he came there! A tried to save the deceased!

"ontributory Negligence #. &win!all an! sborne: 0ach person driving

horse cart on a public road encouraging each other todrive it at dangerous place, killed a pedestrian! "t wasalleged that deceased is deaf, careless and negligent!

*ens ea

8ne of the main characteristic of our legal sstem is that theindividuals liabilit to punishment for crimes depends,among other things, on certain mental conditions! *heliabilit of conviction of an individual depends not onl on his

having done some outward acts which the law forbids, buton his having done them in a certain frame of mind or with acertain will! (ens 3ea is the mental process of a person! Atthe time, when he was engaged in the activit whichresulted in the deed! "t is a legall reprehensible state ofmind!

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"t means a mental state, in which a person deliberatelviolates a law! *hus, mens rea means intention to do theprohibited act!

De#elopment of *ens ea

"n the earliest time it was the fundamental presumption thata man in ever case intended to do what he has done! *he0nglish criminal law began with strict criminal liabilit, andthere was no clear distinction between the *ort and crime!

*herefore the mental attitude of a person was an irrelevantconsideration in so far as trial and punishment wasconcerned!

But later on bodil punishment came as a substitute of thepament of damage then the importance of mens rea or themental attitude of a person, at the time of commission ofcrime was realied! -ith the passage of time re5uirement ofmens rea as an essential element of a crime has rml takenin its roots!

*ens rea in its root

7ow it is the combination of act 9 actus rea and intent mens

rea which makes a crime! And the ma#im + ,ctus non facitreum nisi mens sit reameans act alone does not make aman guilt unless his intentions were so! "t is a well knownprinciple of natural /ustice! *here can be no crime large orsmall without an evil intent! *he responsibilit in crimesmust depend on the doing of a willed or voluntar act and aparticular intent behind that act! (ost conscious andvoluntar acts are directed towards result or conse5uence!-hen one acts to produce a particular conse5uence he is

said to do that act with that intention!

"ntention ; Act ; attempt < 8.ence

+4ceptions to mens rea

Crime < =oluntar act ; foresight of the conse5uences

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,cts un!er compulsion

"f the conse5uence not looked for the act ma be voluntarilbut not intentional! 4or an criminal liabilit there must be avoluntar act, this preposition drive from the ma#im + ,ctusme in#ite factus non est mens actuswhich means andact done b me against m will is not m act! *his ma#imsupport the doctrine of (ens 3ea + for no person can be heldliable for an act done under the fear or compulsion!

5or e4ample:

A holds B and compels him at gun point to open the lock ofCs house! &ere Bs act not a willed or intentional act!

*he basic re5uirement of the principle of (ens 3ea is thataccused must have been aware of all those elements in hisact which make it the crime with which he charged!

>esire ; -ill ; (otive ; "ntention ; Preparation ; Attempt< Commission of an o.ence

,pplication of *ens ea in 6n!ian )enal "o!e

*echnicall, the application of mens rea is not applied to theo.ences under "PC! 0ver o.ence is ver clear under "PC1?@! *he denition not onl states what accused mighthave done, that also states about the state of his mind withregard to the act when he was doing it! 0ach denition of theo.ence is complete in itself! *he word (ens 3ea are not usedanwhere in "PC! &owever, the e5uivalent words to those ofmens rea in the "PC Code used are: >ishonestl 9s! 2,4raudulentl 9s! 2, reason to believe 9s! 2@ and voluntaril9s! DE

"ase %aws:

&ankaran &ukumaran /s 7rishnan &araswathi91E? CrF/ D1 'C held that mens rea is an essential ingredient ofthe o.ence under section E 9bigam, where the secondmarriage has been entered in a bonade belief that the rst

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marriage was not subsisting, no o.ence under this sectioncommitted!

". eeru!u #. &tate of ,n!hra )ra!esh, 'C held thatunder section E? A, cruelt means $willful conduct%! -illfulconduct includes mens rea!

"onclusion:

"n modern statutor o.enses, the ma#im has no longerapplicable and the statutes are to be regarded asthemselves prescribing the mental element which is pre6re5uisite to a conviction! 'o mens rea is an essential elementof crime, in ever penal statue unless the same either

e#pressl or b necessar implication is ruled out b thestatues!

*ala in &e an! *ala )rohibita

*ala in seare usuall common6law crimes or thosedangerous to life or limb! Batter and grand larcen or petitlarcen are e#amples of o.enses that courts have held to bemala in se!

*ala prohibitais a term used to describe conduct that isprohibited b laws, although not inherentl evil! Courtscommonl classif statutor crimes as mala prohibita! *his,however, is not a #ed rule since not all statutor crimes areclassied as such! 0#amples of mala prohibita include publicinto#ication and carring a concealed weapon

=oluntar Conduct

A man is guiltless if his movements which led to the harm

were involuntar! 4or e#ample: 7urse putting the childbehind a large re b thinking it as a log of wood!

4oresight of the conse5uences

An voluntar act resulted in the harm and the harm was notcontemplated! )rinciple: A man should not be punished

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unless he had been aware that what he was doing mightlead to mischievous result!

7nowle!ge

>irect appeal to our senses! &ere the probabilit is verhigh 9against to commit the act against Faw! 0#p! topurchase a stolen good! heft+ *o taking possessionwithout the consent of the owner!

"ntention, 3ecklessness and 7egligence

6ntention denotes the state of mind of a man who not onlforesees but also desires the possible conse5uences of his

conduct! *here cannot be intention unless there is alsoforesight! 4or e#ample, A man cannot intend to do a thingunless he desired to do it!

"ntention is the most culpable form of mens rea, as itinvolves acting with the ob/ective of bringing about aconse5uence or with the desire to bring about thatconse5uence and foresight that our actions are virtuallcertain to do so! Presumption of "ntention + 7atural andprobable conse5uences should be presumed!

ecklessness 8 "ntention cannot e#ist without foresight butforesight can e#ist without intention! "f a person foresees thepossible conse5uences of his conduct, et not desire them tooccur but persists on his course! *hereb knowingl runs therisk of bringing about the unwished result! *his state of mindis called reckless. &ome feature of recklessness: (anwho is reckless ma prefer that the contemplated event shallnot happen or, he ma not care whether it happens or not! "n

both these situations that person does not desire the eventto happen!

Basic principle of #ing a criminal liabilit is the combinationof : 4oresight and "ndi.erence! >oing something without theknowledge but the foresight!

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(isnomer of recklessness

-icked Criminal negligence Culpable negligence Gross negligence Complete negligence

(ost of these misnomers create more confusion as to thetrue meaning recklessness instead of clarifing them

8nl two state of mind which constitute mens rea:

"ntention

3ecklessness

icarious %iability at "ommon %aw

Negligence

A person is negligent when:

1! he fails to foresee a risk that a reasonable person wouldhave foreseenH or

2! he does foresee the risk, but either does not take stepsto avoid the risk or takes inade5uate steps, therebfalling below the standard to be e#pected of thereasonable person!

"n both intentional and reckless act + *he personinvolved must necessaril foresee its possibilit

'till he adverts to the result "f a man brings about an event without having adverted

to it at all for him the event is surprise "f the event is harmful then the 5uestion of his legal

liabilit arises

Negligence 9 "riminal %iability

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4or negligence at common law tortious liabilit can beimposed if certain conditions are fullled

At common law there is no criminal liabilit caused binadvertence

Di2erence between Negligence an! ecklessness

*he di.erence between recklessness and negligence isthat of di.erence between advertence andinadvertence

Negligence an! Neglect

Again negligence is "nadvertent and neglect is Advert

&tatutory 2ences

An o.ence is basicall a violation of law! "n legal parlance,the word $o.ence% is generall construed as a criminalwrong! &ence, o.ence means a wrong in penal law! *heCode of Criminal Procedure, 1ED denes $o.ence%as $anact or omission made punishable b an law for the timebeing in force and includes an act in respect of which acomplaint ma be made under section 2 of the Cattle6

trespass Act, 1?19 1 of 1?1%! *his is a guideline foro.ences related to the Code! But, there are other tpes ofo.ences tooH the ones that are created b di.erent statutes,like those related to ta#ation, national securit, etc!! *heseare commonl referred to as 'tatutor o.ences!

*ens ea in &tatutory o2ence

Before a criminal is made liable, he should be proven to havesome blameworth mental condition 9mens rea! 4or

e#ample, when someone attacks ou, then, causing in/ur tohim in private defence is not a crime but, causing in/ur withthe intention of revenge is a crime! *his is how the presenceof a guilt mind changes the nature of the o.ence! But, there5uirement of a guilt mind varies from crime to crime! An

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intention which would 5ualif as the re5uired mens rea forone crime, ma not for some other crime!

)resumption reuiring mens rea

"n statutor interpretation, certain presumptions are takeninto account b the court while interpreting the statutes! *hepresumption relevant here is that a criminal act in generalre5uires the presence of mens rea! Almost all crimes thate#ist independentl of an statute re5uire, for theircommission, some blameworth state of mind on the part ofthe actor!

-here a statute creates an o.ence, no matter how

comprehensive and absolute the language of the statute is,it is usuall understood to be silentl re5uiring that theelement of mens rea be imported into the denition of thecrime 9o.ence so dened, unless a contrar intention ise#press or implied! &ence, the plain words of a statute areread sub/ect to a presumption 9of arguable weight, whichma be rebutted, that the general rule of law that no crimecan be committed unless there is mens rea has not beenousted b the particular enactment!

"n determining whether a statutor provision does or doesnot create an o.ence of strict liabilit, the followingconsiderations seem to be relevant, as given in the /udgmentof 9(!&! Georges Case :6

1! Phraseolog of the statutor provision creating ano.ence of strict liabilit, particularl e#pressionsindicating or e#cluding the mental element re5uired!

2! 8b/ect of the 'tatute

D! 7ature of public purpose purportedl preserved b thestatute! 7ature of the mischief at which the provision or statute

is aimed, and whether the imposition of strict liabilitwill tend to suppress the mischief, although strictliabilit should not be inferred simpl because theo.ence is described as a grave social evil!

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6llustration of statutory o2ences an! mens rea

#. )rince+ Accused taking awa a girl of 1@ rs oldout of possession of her father

;ran! #. +#ans+ Ficensee charged with permittingillegal activities in the licensed premises

Possessing, for sale unsound meat 'elling of adulterated article of food In discharged "nsolvent obtaining credit through agent

ariations in "riminal liability

*istake

Conditions to be fullled for availing mistake of fact as adefence + 'ections @ J E of "PC! *he mistake must relateto 4AC* and not to FA-! *he state of things believed to e#istwould, if true, have /ustied the act done! *he mistake mustbe reasonable

Acts done under order of a superior authorit + the accusedbelieving himself to be bound b law was entitled to theprotection under 'ec @ 9&tate of est ;engal #. &hew*angal &hah( 1


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"n the case of0ethuram &ukhra Nagbhansi #. &tate(1+ nature of into#ication n the basis of interpretation ofKagainst the will!

"ompulsion

An act done b me against m will, is not m act >efence of compulsion under 'ection E of "PC 9e#cept

murder and o.ences against the 'tate punishable withdeath

>efence of necessit 9'ection ?1 of "PC is based on thema#im Knecessitas vincit legem i!e!, necessitovercomes law!

7ecessit as a reason for homicide + # Du!ley an!

&tephens( 1==@

%egally ,bnormal )ersons

Persons who are not invested with the same responsibilitfor their acts as are those whom the term as legall normalowing to some peculiarit in themselves! e!g!,

he &o#ereign: Based on the doctrine that thesovereign or government cannot commit a legal wrong

and is immune from civil suit or criminal prosecution 6nfants: "ncapacit to understand the nature and

conse5uence of an act or omission + basis e#empting achild below seven ears from criminal liabilit 9'ection?2 of "PC

6nsane persons:A complete defence to criminalliabilit in o.ences involving mens rea! "nsanit in "PC'ec! ?! 0ver tpe of insanit is not a legal insanitunless the cognivance facult is destroed as a result of

unsoundness of mind! ;aburam *ahali #. &tate ofest ;engal( A>>B

)ossible parties to the crime

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Classication of crimes for the purpose of determination ofparties to Crime! *he are: 1! *reasons 2! 4elonD! (isdemeanors

reasons

7o legal distinction between the various recognied modesof taking part in the commission of such o.ences!

'lightest share in treason is regarded as heinous 7o activit in a misdemeanor is considered as heinous

and no formal distinction between it and an lessprominent mode of taking part in the o.ence

All persons who are concerned in it in an wa +

whether b actuall committing it or even b keepingnear in order to assist while it is being committed ormerel suggesting it are classed together

5elony

7otice will be taken of the gradations of participation in them

4our categories of guilt association with a felon:

)rincipal in the 6 !egree

,ctual o2en!er:*he person whose guilt mind is the latestblamable mental cause of the criminal act! "n most of thecases the person who actuall done the act!

+4ceptions:

>octor asking nurse to administer poisonous substanceas drug to kill a patient

Ising child to commit felon Ising animal to commit an felon

*ore than one )rincipal of rst !egree:

>ishonest servant who unlocks the door of mastershouse to commit burglar with others

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4ather and mother for allowing a childs death due tostarvation

A man holds the victim and the other person cuts histhroat

)rincipal in the 66 !egree C,i!ers an! ,bettors

*he person who aided and abetted at the ver time whenthe o.ence is committed!

Car owner sitting beside the driver who kills b over +fast driving

Bigamist second spouse 3eceiver of stolen propert

,ccessories before the factE

&e knows the particular deed contemplated &e approved it &is views are e#pressed in such a form which

encouraged the principal to perform the deed *he person is absent at the time when felon is

committed *hese things happened before the o.ence is committed A person who procure, counsel, commend or abet the

commission of o.ence

,ccessories after the fact

&e knows that the felon has been committed &e shelters or relieves an felons 0nable him to elude /ustice 'upplies the felons the means to escape &elps the felons to get out of the prison Active assistance to felons is necessar -ifes immunit for helping husband who is a felon

*is!emeanors

A misdemeanor, a criminal o.ense that is less serious than afelon! "t is is generall punishable b a ne or incarceration

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in a local /ail, or both! (an /urisdictions separatemisdemeanors into three classes: high or grossmisdemeanors, ordinar misdemeanors, and pettmisdemeanors!

6n!ian )enal "o!e

)reliminary

&ec. 1 8 itle an! e4tent of operation of the co!e

*his act shall be called the "ndian Penal Code, and shalle#tend to the whole of "ndia e#cept the 'tate of Lammu andMashmir!

&ec. A 8 )unishment of o2ences committe! with-in6n!ia

0ver person shall be liable punishment under this Code andnot otherwise for ever act of omission contrar to theprovisions thereof, of which, he shall be guilt within "ndia!

&ec. 3 8 )unishment of o2ences committe! beyon!(but which by law may be trie! within 6n!ia

An person liable, b an "ndian law to be tried for ano.ence committed beond "ndia shall be dealt withaccording to the provisions of this Code for an actcommitted beond "ndia in the same manner as if such acthad been committed within "ndia!

&ec. @ 8 +4tension of "o!e to e4tra-territorial o2ences

*he provisions of this Code appl also to an o.ence

committed b

An citien of "ndia in an place without and beond"ndiaH

An person on an ship of aircraft registered in "ndiawherever it ma be!

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+4planation+ "n this section the word $o.ence% includesever act committed outside "ndia which, "f committed in"ndia, would be punishable under this code!

6llustration:A, who is a citien of "ndia, commits a murder in Iganda! &ecan be tried and convicted of murder in an place in DN"ndiaOin which he ma be found!

&ec. B 8 "ertain laws not to be a2ecte! by this ,ct

7othing in this Act shall a.ect the provisions of an Act forpunishing mutin and desertion of ocers, soldiers, sailorsor airmen in the service of the Government of "ndia or the

provisions of an special or local law!

$eneral +4planations 8 &. ? 8 &. BA,

&ections ? 8 33 an! 3< 8 BA,

*hroughout this Code ever denition of an o.ence, everpenal provision, and ever illustration of ever suchdenition or penal provision shall be understood sub/ect tothe e#ceptions contained in the Chapter entitled $General

0#ceptions%, though those e#ceptions are not repeated insuch denition, penal provision, or illustration!

6llustrations

9a *he sections, in this Code, which contain denitionsof o.ences, do not e#press that a child under sevenears of age can not commit such o.encesH but thedenitions are to be understood sub/ect to the generale#ception which provides that nothing shall be an

o.ence which is done b a child under seven ears ofage!

9b A, a police ocer, without warrant, apprehends Q,who has committed murder! &ere A is not guilt of theo.ence of wrongful connement for he was bound blaw to apprehend Q and therefore the case falls within

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the general e#ception which provides that $nothing isan o.ence which is done b a person who is bound blaw to do it%!

&er#ant of $o#t. an! )ublic &er#ant C&ec 1@( A1

R*he words $ser#ant of $o#ernment% denote an ocer orservant continued, appointed or emploed in "ndia b orunder the authorit of Government!O

*he word $0u!ge% denotes not onl ever person who isociall designated as a /udge, but also ever person!

-ho is empowered b law to give, in an legal proceeding,

civil or criminal, a denitive /udgment, or a /udgment which,if not appealed against, would be denitive, or a /udgmentwhich, is conrmed b some other authorit, would bedenitive, or

-ho is one of a bod of persons, which bod of persons isempowered b law to give such a /udgment!

6llustrations

9a A Collector e#ercising /urisdiction in a suit under Act1 of 1?E, is a /udge!

9b A (agistrate e#ercising /urisdiction in respect of acharge on which he has power to sentence to ne orimprisonment, with or without appeal, is a /udge!

9c A member of a Panchaat which has power, under3egulation ="", 1?1@, of the (adras Code, to tr anddetermine suits, is a /udge!

9d A (agistrate e#ercising /urisdiction in respect of acharge on which he has power onl to commit for trialto another Court, is not a /udge!

*he words $"ourt of 0ustice% denote a /udge who isempowered b law to act /udiciall alone, or a bod of

/udges, which is empowered b law to act /udiciall as abod, when such /udge or bod of /udges is acting /udiciall!

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*he words $public ser#ant% denote a person falling underan of the descriptions hereinafter following namel:6

1! 0ver Commissioned 8cer in the (ilitar, 7aval or Air4orces of "ndiaH

2! 0ver Ludge including an person empowered b law todischarge, whether b himself or as a member of anbod of persons, an ad/udicator functionH

D! 0ver ocer of a Court of /ustice including a li5uidator,receiver or commissioner

! 0ver /urman, assessor, or member of a panchaatassisting a Court of /ustice or public servantH

! 0ver arbitrator or other person to whom an cause ormatter has been referred for decision or report b anCourt of /ustice, or b an other competent public

authoritH@! 0ver person who holds an oce b virtue of which he

is empowered to place or keep an person inconnementH

! 0ver ocer of whose dut it is, as such ocer, toprevent o.ences, to give information of o.ences, tobring o.enders to /ustice, or to protect the publichealth, safet or convenienceH

?! 0ver ocer whose dut it is, as such ocer, to take,

receive, keep or e#tend an propert on behalf of theGovernment, or to make an surve, assessment orcontract on behalf of the Government, or to e#ecutean revenue process, or to investigate, or to report, onan matter a.ecting the pecuniar interests of theGovernment, or to make, authenticate or keep andocument relating to the pecuniar interests of theGovernment, or to prevent the infraction of an law forthe protection of the pecuniar interests of theGovernmentH

E! 0ver ocer whose dut it is, as such ocer, to take,receive, keep or e#pend an propert, to make ansurve or assessment or to lev an rate or ta# for ansecular common purpose of an village, town or district,or to make, authenticate or keep an document for the

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ascertaining of the rights of the people of an village,town or districtH

1! 0ver persons who holds an oce in virtue ofwhich he is empowered to prepare, publish maintain or

revise an electoral roll or to conduct an election or partof an electionH

*o#able )roperty C&ec AA

*he words $moveable propert% are intended to includecorporeal propert of ever description, e#cept land andthings attached to the earth or permanentl fastened toanthing, which is attached to the earth!

rongful $ain/rongful %oss( Dishonestly( an!5rau!ulently C&ec A3( A@( AB

Frongful gain% is gain b unlawful means of propertwhich the person gaining is not legall entitled!

$rongful loss$: $-rongful loss% is the loss b unlawfulmeans of propert to which the person losing it is legallentitled!

Gaining wrongfull, losing wrongfull

A person is said to gain wrongfull when such person retainswrongfull, as well as when such person ac5uires wrongfull!A person is said to lose wrongfull when such person iswrongfull kept out of an propert as well as when suchperson is wrongfull deprived of propert!

Dishonestly: -hoever does anthing with the intention ofcausing wrongful gain to one person or wrongful loss to

another person, is said to do that thing $dishonestl%!

5rau!ulently: A person is said to do a thing fraudulentl ifhe does that thing with intent to defraud but not otherwise!

Document an! aluable &ecurity C&ec A

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*he word $document% denotes an matter e#pressed ordescribed upon an substance b means of letters, gures,or marks, or b more than one of those means, intended tobe used, or which ma be used, as evidence of that matter!

0#planation 1:6 "t is immaterial b what means or upon whatsubstance the letters, gures or marks are formed, orwhether the evidence is intended for, or ma be used in, aCourt of Lustice, or no!

6llustrations

A writing e#pressing the terms of a contract, which mabe used as evidence of the contract, is a document!

A che5ue upon a banker is a document! A power of attorne is a document! A man or plan which is intended to be used or which

ma be used as evidence, is a document!

0#planation 2: 6-hatever is e#pressed b means of letters,gures or marks as e#plained b mercantile or other usage,shall be deemed to be e#pressed b such letters, gures ormarks within the meaning of this section, although the samema not be actuall e#pressed!

6llustration

A writes his name on the back of a bill of e#change paableto his order! *he meaning of the endorsement, as e#plainedb mercantile usage, is that the bill is to be paid to theholder! *he endorsement is a document, and must beconstrued in the same manner as if the words $pa to theholder% or words to that e.ect had been written over the

signature!

#aluable security:*he words $valuable securit% denote adocument which is, or purports to be, a document whereban legal right is created, e#tended, transferred, restricted,e#tinguished or released, or whereb an person

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acknowledges that the lies under legal liabilit, or has not acertain legal right!

6llustration

A writes his name on the back of a bill of e#change! As thee.ect of this endorsement is transfer the right to the bill toan person who ma become the lawful holder of it, theendorsement is a $valuable securit%!

"ommon 6ntention an! "ommon bject. C&ec 3@( 1@


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A obstructs a path along which Q has a right to pass! A notbelieving in good faith that he has a right to stop the path! Qis thereb prevented from passing! A wrongfull restrains Q!

&ection 3@>- rongful connement

-hoever wrongfull restrains an person in such a manneras to prevent that person from proceedings beond certaincircumscribing limits, is said $wrongfull to conne% thatperson!

6llustrations

9a A causes Q to go within a walled space, and locks Q

in! A is thus prevented from proceeding in an directionbeond the circumscribing line of wall! A wrongfullconnes Q!

9b A places men with rearms at the outlets of abuilding, and tells Q that the will re at Q if Q attemptsto leave the building! A wrongfull connes Q!

"heating( "riminal *isappropriation( "riminal ;reachof rust

&ection @1B- "heating: -hoever, b deceiving an person,fraudulentl or dishonestl induces the person so deceivedto deliver an propert to an person, or to consent that anperson shall retain an propert, or intentionall induces theperson so deceived to do or omit to do anthing which hewould not do omit if he were not so deceived, and which actor omission causes or is likel to cause damage or harm tothat person in bod, mind, reputation or propert, is said to$cheat%!

0#planation! A dishonest concealment of facts is deceptionwithin the meaning of this section!

6llustrations

9a A, b falsel pretending to be in the Civil 'ervice,intentionall deceives Q, and thus dishonestl induces Q

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to let him have on credit goods for which he does notmean to pa! A cheats!

9b A, b putting a counterfeit make on an article,intentionall deceives Q into a belief that this article

was made b a certain celebrated manufacturer, andthus dishonestl induces Q to bu and pa for thearticle! A cheats!

9c A, b e#hibiting to Q a false sample of an article,intentionall deceives Q into believer that the articlecorresponds with the sample, and thereb, dishonestlinduces Q to bu and pa for the article! A cheats!

9d A, b tendering in pament for an article a bill on ahouse with which A keeps on mone, and b which Ae#pects that the will be dishonored, intentionall

deceives Q, and thereb dishonestl induces Q todeliver the article, intending not to pa for it! A cheats!

9e A, b pledging as diamonds article which he knowsare not diamonds, intentionall deceives Q, and therebdishonestl induces Q to lend mone! A cheats!

9f A intentionall deceives Q into a belief that A meansto repa an mone that Q ma led to him and therebdishonestl induces Q to lend him mone! A notintending to repa it A cheats!

9g A intentionall deceives Q into a belief that A meansto deliver to Q a certain 5uantit of indigo plant whichhe does not intend to deliver and thereb dishonestlinduces Q to advance mone upon the faith of suchdeliver! A cheatsH but if A, at the of obtaining themone, intends to deliver the indigo plant, andafterwards breaks his contract and does not deliver it,he does not cheat, but is liable onl to a civil action forbreach of contract!

9h A intentionall deceives Q into a belief that A hasperformed As part of a contract made with Q, which hehas not performed, and thereb dishonestl induces Qto pa mone! A cheats!

9i A sells and coves an estate to B!A, knowing that inconse5uence of such sale he has no right to thepropert, sells or mortgages the same to Q, without

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disclosing the fact of the previous sale and conveanceto B, and receives the purchase or mortgage mone forQ! A cheats!

&ection @>3- Dishonest misappropriation ofproperty: -hoever dishonestl misappropriates or convertsto his own use an movable propert, shall be punished withimprisonment of either description for a term which mae#tend to two ears, or with ne, or with both!6llustrations

9a A takes propert belonging to Q out of Qspossession, in good faith, believing, at an time whenhe takes it, that the propert belongs to himself! A isnot guilt of theftH but if A, after discovering hismistake, dishonestl appropriates the propert to his

own use, he is guilt of an o.ence under this section! 9b A, being on friendl term with Q, goes into Qs

librar in Qs absence, and takes awa a book withoutQs e#press consent! &ere, if A was under theimpression that he had Qs implied consent to take thebook for the purpose of reading it, A has not committedtheft! But, if A afterwards sells the book for his ownbenet, he is guilt of an o.ence under this section!

9c A and B, being /oint owners of a horse, A takes the

horse out of Bs possession, intending to use it! &ere, asA has a right to use the horse, he dose not dishonestlmisappropriate it! But, if A sells the horse andappropriates the whole proceeds to his own use, he isguilt of an o.ence under this section!

0#planation!16A dishonest misappropriation for a time onl isa misappropriation with the meaning of this section!

6llustration

A nds a government promissor note belonging to Q,bearing a blank endorsement! A knowing that the notebelongs to Q, pledges it with a banker as a securit for aloan, intending at a future time to restore it to Q! A hascommitted an o.ence under this section!

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0#planation 2! 6A person who nds propert not in thepossession of an other person, and takes such propert forthe purpose of protecting if for, or of restoring it to, theowner does not take or misappropriate it dishonestl, and is

not guilt of an o.enceH but he is guilt of the o.ence abovedened, if the appropriates it to his own use, when theknows or has the means of discovering the owner, or beforehe has used reasonable means to discover and give notice tothe owner and has kept the propert a reasonable time toenable the owner to claim it!

-hat are reasonable means or what is a reasonable time insuch a case, is a 5uestion of fact!

"t is not necessar that the nder should know who is theowner of the propert, or that an particular person is theowner of itH it is at the time of appropriating it, he does notbelieve it to be his own propert, or in good faith believe thatthe real owner cannot found!

6llustrations

9a A nd a rupee on the high road, not knowing towhom the rupee belongs, A picks up the rupee! &ere A

has not committed the o.ence dened in this section! 9b A nds a letter on the road, containing a bank note!

4rom the direction and contents of the letter he learnsto whom the note belongs! &e appropriates the note!&e is guilt of an o.ence under this section!

9c A nds a che5ue paable to bearer! &e can form nocon/ecture as to the person who has lost the che5ue!But the name of the person, who has drawn theche5ue, appears! A knows that this person can direct

him to the person in whose favour the che5ue wasdrawn! A appropriates the che5ue without attemptingto discover the owner! &e is guilt of an o.ence underthis section!

9d A see Q drop his purse with mone in it! A picks upthe purse with the intention of restoring it to Q, but

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afterwards appropriates it to his own use! A hascommitted an o.ence under this section!

9e A nds a purse with mone, not knowing to whom itbelongsH he afterwards discovers that it belongs to Q,

and appropriates it to his own use! A is guilt of ano.ence under this section! 9f A nds a valuable ring, not knowing to whom it

belongs! A sells it immediatel without attempting todiscover the owner! A is guilt of an o.ence under thissection!

&ection @>B- "riminal breach of trust: -hoever, being inan manner entrusted with propert, or with an dominionover propert, dishonestl misappropriates or converts to his

own use that propert, or dishonestl uses or disposes ofthat propert in violation of an direction of law prescribingthe mode in which such trust is to be discharged, or of anlegal contract, e#press or implied, which he has madetouching the discharge of such trust, or willfull su.ers another person so to do, commits $criminal breach oftrust%!1N+4planation2N1O! 6A person, being an emploer DNofan establishment whether e#empted under section 1 of the0mploeesS Provident funds and (iscellaneous Provisions

Act, 1E2 91E of 1E2, or notO who deducts the emploeescontribution from the wages paable to the emploee forcredit to a Provident 4und or 4amil Pension 4und establishedb an law for the time being in force, shall be deemed tohave been entrusted with the amount of the contribution sodeducted b him and if he makes default in the pament ofsuch contribution to said 4und in violation of the said law,shall be deemed to have dishonestl used the amount of thesaid contribution in violation of a direction of law asaforesaid!ON+4planation2! 6A person, being an emploer,

who deducts the emploeesS contribution from the wagespaable to the emploee for credit to the 0mploeesS 'tate"nsurance 4und held and administered b the 0mploeesS'tate "nsurance Corporation established under the0mploeesS 'tate "nsurance Act, 1E? 9D of 1E?, shall bedeemed to have been entrusted with the amount of the

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contribution so deducted b him and if he makes default inthe pament of such contribution to the said 4und inviolation of the said Act, shall be deemed to havedishonestl used the amount of the said contribution in

violation of a direction of law as aforesaid!O

6llustrations

9a A, being e#ecutor to the will of a deceased person,dishonestl disobes the law which directs him to dividethe e.ects according to the will, and appropriate themto his own use! A has committed criminal breach oftrust!

9b A is a warehouse6keeper! Q gong on a Lourne,

entrusts his furniture to A, under a contract that it shallbe returned on pament of a stipulated sum forwarehouse room! A dishonestl sells the goods! A hascommitted criminal breach of trust!

9c A, residing in Calcutta, is agent for Q, residing at>elhi! *here is an e#press or implied contract betweenA and Q, that all sums remitted b Q to A shall beinvested b A, according to Qs direction! Q remits alakh of rupees to A, with directions to A to invest thesame in Compans paper! A dishonestl disobes thedirection and emplos the mone in his own business! Ahas committed criminal breach of trust!

9d But if A, in the last illustration, not dishonestl but ingood faith, believing that it will be more for Qsadvantage to hold shares in the Bank of Bengal,disobes Qs directions, and bus shares in the Bank ofBengal, for Q, instead of buing Compans paper, here,though Q should su.er loss, and should be entitled tobring a civil action against A, on account of that loss,

et A, not having acted dishonestl, has not committedcriminal breach of trust!

9e A, a revenue6ocer, is entrusted with public moneand is either directed b law, or bound b a contract,e#press or implied, with the Government, to pa into acertain treasur all the public mone which he holds! A

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dishonestl appropriates the mone! A has committedcriminal breach of trust!

9f A, a carrier, is entrusted b Q with Propert to becarried b land or b water! A dishonestl

misappropriates the propert! A has committed criminalbreach of trust!

f )unishments 8 &. B3 8 &. GB

7in!s of punishments:

1. Death punishment

"t is the most grave penalt imposed b "PC! (an sections

still prescribe the punishment of death! 'ome of them are asfollows:

9a 8.ence under 'ection 1E "PC where a person givesfalse evidence with intention to cause an person to beconvicted of capital punishment and if an innocentperson is convicted and e#ecuted in conse5uence ofsuch false evidence, the person who gives such falseevidence shall be punished with death or lifeimprisonment or rigorous imprisonment and ne!

9b 8.ence of murder for which punishment of death orimprisonment of life is prescribed under 'ection D2!

9c 8.ence of murder committed b life convict asdescribed in 'ection DD! *his section has been heldunconstitutional b the 'upreme Court in *ithu #.&tate of )unjabNA"3 1E?D 'C DO! *he peculiarit ofthis 'ection is that punishment of death onl isprovided! 7o other alternative punishment is seenprovided!

9d 8.ence of abetting suicide of child or insane personas mentioned in 'ection D "PC where death is apunishment with other alternative punishments!

9e "n 'ection D when a life convict attempts tomurder and hurt is caused >eath 'entence ma beimposed!

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9f Midnapping for ransom as described under 'ectionD@A ma be met with punishment of >eath along withother alternative punishments!

9g "f an one of ve or more person s who are

con/ointl committing dacoit, commits murder in socommitting dacoit, ever one of those persons shall bepunished with death along with other alternativepunishments!

"n ;achan &ingh #. &tate of )unjabNA"3 1E? 'C?E?O honble 'upreme Court of "ndia held that deathsentence is to be given onl in rarest of rare cases!

A. 6mprisonment for life

Fiving behind the bars are sometimes far more painful thandeath sentence! "t is the most popular tpe of sentence afterdeath penalt! "n most serious o.ences this tpe ofpunishment is prescribed! -herever death penalt isprescribed, life imprisonment also nds a place as analternative punishment!

As there is hue and cr regarding imposing of death penalt,in appropriate cases Courts impose life imprisonment as asafe method! 'ome sections which impose Fife "mprisonmentas a penalt are : 'ections 1E, 2, D, D9B, D, D,D11, D1D, D1, D2@, D2E, D@, D@9A, D@, D, DE, DE,DE@, , E, 12, 1D, D@, E, E, @, @, 2, ,?EA, ?EB, ?E> and 11!

3. 6mprisonment

3igorous imprisonment is of such tpe where the convict willhave to do hard labour! "n man o.ences the period of

imprisonment varies! "n simple imprisonment also the termof imprisonment varies according to o.ences!

3.1 &imple imprisonment

3.A igorous imprisonment

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@. 5orfeiture

4orfeiture of propert is not ver common in "PC! 'ection @1which specied sentence of forfeiture of propert has beenrepealed b "ndian Penal Code 9Amendment Act, 1E21! "nthe present "PC three sections vi 12@, 12 and 12Edescribes forfeiture of propert!

B. 5ine

"PC prescribes ne as a penalt both independent and alongwith other penalties! *he amount of ne varies with o.ences!'ection @D sas that where no sum is e#pressed to which ane ma e#tend, the amount of ne to which the o.ender is

liable is unlimited, but shall not be e#cessive! 'entence fornon6pament of ne

UNIT I Basics

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