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Crimes Class Notes 2
Crimes Class Notes 2
Crimes Notes 2
Sustained cumulative provocation – the straw which broke the camels back (cross the
threshold.)
304A – in a charge under this section (criminal negligence) death has to be caused by
the rash or negligent act of the accused. Further the mens rea which is required in the
case of culpable homicide under S.299 must be absent. If only these two conditions
are satisfied can the person be indicted for criminal negligence under S. 304A.
Ossiphication test: Human hand has Radi and Ulna – With an X-ray of the wrist area
you can measure the calcium deposit, now you can determine with a scale of + - 6
years.
Whoever takes or entices a minor from the custody of the guardian, natural or
artificial (school, orphanage,) amounts to kidnapping.
The consent of the minor has no value and it is the consent of the guardian which
takes importance.
The term taking has a physical connotation. It can be immediate or it can relate to past
acts of persuasion or soliciting. The taking and enticement must be read together not
seperately, since taking also involves a degree of enticement. Taking or enticing a
minor from the custody of the guardian, natural or artificial, amount to kidnapping.
Differentiation:
Kidnapping Abduction
Kidnapping is committed only in respect Abduction is in respect of a person of any
of a minor under 16yrs of age if a male age
and under 18yrs of age if a female or a
person of unsound mind
The person kidnapped is removed out of Abduction has reference exclusively to
lawful guardianship. A child without a the person abducted. Consent is
guardian cannot be kidnapped. Ex: important
Orphan on the streets
The minor is simply taken away. The Force, compulsion or deceitful means are
means used may be innocent used
Parvathi Bakshi BA LLB 2015
The consent of the person taken or Consent of the person moved, if freely
enticed is immaterial and voluntarily give, condones abduction
The intent of the offender is wholly Intent of the offender is the all-important
irrelevant. factor
Kidnapping from guardianship is a It is an auxiliary act, not punishable by
substantive offence itself but made criminal only when it is
done with one or other of the intents
specified in Section 364 onwards
It is not a continuing offence Abduction is or can be a continuing
offence
Transfer of Malice
S. 301
If you intended to kill Mr. X but ended up killing Mr. Y, you will be held guilty as
much; if you had killed the intended victim.
Case: Saurabh Kumar v. Comptroller & Auditor General of India [2008 SCC DEL
563]
Relevant Paragraphs: 2, 3, 4, 5, 12, 13, 14, 15, 23 and 33
Workplace would mean any place where not only work is being conducted but also
includes those places where the owner or the principal employer has some control
over the rent, lease, accommodation, maintenance etc.
Case: Additional District & Sessions Judge X v. Registrar General High Court of
MP [2015 4 SCC 91]
Parvathi Bakshi BA LLB 2015
S.375
- The definition of sexual intercourse has expanded and it would include all
sexual acts include insertion of foreign objects into the body of a woman.
- By the virtue of section 376A, if a man commits rape and leaves her in a PVS,
he shall be liable for life imprisonment or death.
- Though marital rape is not an offence, but by 376B if a man has intercourse
with his wife who is living separately by order of decree of separation and
there is no consent, it is rape.
- If there is an establishment for women/children and a person in authority and
uses his fiduciary authority to have sexual intercourse with one of the
inhabitants it is called rape.