NATIONAL LAW INSTITUTE UNIVERSITY (NLIU),

BHOPAL (M.P.)

SUBJECT: CRIMINAL LAW- II

SIXTH TRIMESTER
PROJECT SYNOPSIS
TOPIC – Offences relating to Moral Turpitude in India: an
unsettled position of Indian Criminal Jurisprudence

UNDER THE GUIDANCE OF

MS. DIVYA SALIM, (ASST. PROFESSOR)

SUBMITTED BY: KOUSTAV BHATTACHARYA

ROLL NUMBER: 2018BALLB50

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INTRODUCTION
The expression “moral turpitude” is not defined under any statute in India. However, in
certain Government orders and High Court Judgments, the authorities have given
illustrations to acts involving moral turpitude. In a few landmark Supreme Court
Judgments, the Court has defined ‘moral turpitude’, but in most of the cases they have
remained superficial and vague.
Moral turpitude can be termed as an act or behaviour that gravely violates the sentiment
or accepted standard of community, or a quality of dishonesty, or other immorality that is
determined by a court of law to be present in the commission of a criminal offence.
In India, there lies an important judicial gap in the zone of moral turpitude because of
unavailability of a specific list of offences under the said head. It is essentially important
to know the definition of ‘offences involving moral turpitude’ because of conflicting
views of different High Courts on the same. Further, the Supreme Court of India has
more often than not kept the list of such offences open ended which has led to difficulties
in modern day functioning. Though all the High Courts have agreed upon that offences
involving moral turpitude cannot be settled out of Court, and such persons are not eligible
to hold certain Government posts, but there is no definite list under the same. The
Supreme Court came close to determine the ‘Moral Turpitude Test’ in Pawan Kumar
Judgment, but it is barely satisfying.
In this research paper, the researcher would try to address the lacunae that exists in the
given test, and would further try to suggest on the measures to address the problem by
means of proper centralised Legislative Enactments or a proper Judicial layout.
STATEMENT OF PROBLEM:
There exists a lack of consensus amongst the various High Courts and State Governments
regarding the definition and criteria to determine an offence involving moral turpitude, and
the subsequent way to deal with it.
OBJECTIVES OF STUDY:
1. To arrive at a definition of Offences involving Moral Turpitude that can be
uniformly applied.
2. To develop a pre-determined criterion to group in such offfences.
3. To suggest measures by various means in which such a uniform list of offences
involving moral turpitude can be compiled.

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HYPOTHESIS:
Developing a fixed list of offences applicable uniformly under the list of
offences involving moral turpitude would ensure a better treatment of such
cases by the Judiciary and effective protection of the rights of the parties.
RESEARCH QUESTION:
1. What are the various definitions and criterions to determine such offences are
present and applied in India?

2. Whether such definitions and criterions suitably satisfy their purposes effecting in a
proper disposal of such cases?

3. What can be the effective measures to agree upon a given set of determined
offences under this criterion so as to ensure their proper disposal and lack of
ambiguity?
METHOD OF STUDY:
This project is largely based on the doctrinal method of data collection.
CHAPTERISATION:
1. Introduction
1.1. Existing definitions in the Indian Legal Systems
1.2. Existing criterion for such offences in Indian Legal Systems
1.3. Overview of Global outlook on the definition and criterion of such offences.
2. Existing lacunae in the Criminal Jurisprudence
2.1 Lack of uniformty
2.2 Existence of Ambiguity
2.3 Existence of Conflict amongst States.
3. Ways to resolve the Lacunae
3.1 Uniform Criterion to determine such offences
3.2 Proposed List of such offences

4.Conclusion- suggestive measures to bring about the proposed changes.

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