MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course outline

BLJ 5.2 CRIMINAL JUSTICE ADMINISTRATION-I

B.A.LL.B.(Honours in Adjudication and Justicing)

Academic Year: 2023-24
3rd YEAR, SEMESTER–V

Designed and Developed by:

Ms. Karishma B. Gavai, Assistant Professor of Law
Ms. Trisha Mittal, Assistant Professor of Law
Dr. Divita Pagey, Assistant Professor of Law

Course Instructor:
Dr. Divita Pagey
Assistant Professor of Law

June 2023

(Strictly for Private Circulation)

 Criminal Justice Administration-I
Semester-V June-November 2023
Course Code BLJ 5.2
Course Credit 4
Maximum Marks 100
Teaching Hours 64
Presentation Hours 12-15
Medium of Instructions English
Course Compulsory
Introduction
Criminal justice administration is a crucial aspect of justice administration system of
India. Law is considered as one of the most pivotal branches of law as it directly impacts day-
to-day human behavior. Since time immemorial, societies around the world have observed a
prescribed code of conduct. As it is the responsibility of the State to protect the members of
the society from harm inflicted by their fellow-members, and to maintain peace and
tranquility, each State determines which acts and omissions are to be deemed criminal as per
its societal norms, and makes laws to control such criminal behavior. The Indian Penal Code
(IPC) occupies a predominant place amongst the laws designed as agencies of social control.
IPC enlists and defines offences and specifies their respective punishments. IPC came into
force in the year 1860 and has largely stood the test of time. However, crucial amendments
have also been made from time-to-time to adapt IPC to social, economic and technological
changes. The Indian Penal Code is covered through five modules over the course of this
semester. Module I, is designed to cover foundational concepts and principles of criminal
law which will include the nature of crime; elements of criminal liability including individual
and joint liability; stages in commission of crime; nature, scope and jurisdiction operation of
Indian Penal Code 1860(IPC); and cover the theories of punishment and types of punishment
as given in IPC. Module II, is designed to cover will cover the general exceptions to offences
under IPC, and offences such as abetment, criminal conspiracy and attempt to commit
offences. It further seeks to cover offences against the State and against public tranquility.
Module III, is designed to cover will cover offences against the human body like hurt,
grievous hurt, homicide, wrongful restraint, wrongful confinement, kidnapping, abduction,
criminal force, assault, sexual offenses, and criminal intimidation, insult and annoyance.
Module IV, is designed to cover will cover property offences like theft, extortion, robbery,
dacoity, criminal misappropriation of property, criminal breach of trust, cheating, mischief,
and criminal trespass. Module V, is designed to cover will cover offences relating to marriage
such as dowry death, abetment of suicide, marrying again during lifetime of husband or wife,
adultery, cruelty by husband or relative of husband, as well as defamation.
Course Objectives
The objective of this course is to apprise the students with the substantive criminal law as
covered under Indian Penal Code 1860 and develop an understanding of foundational
principles of criminal law and its application in substantive offences covered under Indian
Penal Code 1860. The objectives of the course are to:
● acquaint students with the substantive aspect of criminal justice administration in India;
● introduce the foundational concepts of principles related to essential elements of mens reus
and actus reus in criminal law and various types of punishment as envisaged under Indian
Penal Code 1860;

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● explain the general defences against the commission of offences and essential ingredients
of inchoate offences as envisaged under Indian Penal Code 1860;
● identify essential ingredients and judicial principles related to offences against human body as
envisaged under Indian Penal Code 1860;
● develop an understanding of essential ingredients and differences between different
property offences as envisaged under Indian Penal Code 1860; and
● apprise students with essential ingredients and judicial principles related to offences related
to marriage and defamation as envisaged under Indian Penal Code 1860.
Teaching Methodology
The teaching methodology adopted to attain the course objectives would be a
combination of the lecture method, along with discussion method; study assignment method;
and case method. Further, Information and Communication Technology (ICT) tools, such as
power-point presentations; whiteboard; and, audio-visual aides would be employed to
achieve the aforementioned course objectives.
Course Evaluation Method
The course is assessed for 100 marks, with 60 marks for open-book examinations, divided
into a mid-semester exam of 20 marks and an end-semester exam for 40 marks. 30 marks are
assigned for the project, divided into 25 marks for the written project and 5 marks for its
presentation, and 10 marks are assigned for review of literature.
Course Outcomes
On completion of the course, students are expected to develop an understanding of
foundational principles of crime and criminal liability and apply this understanding to specific
substantive offences as covered under Indian Penal Code 1860. On completion of the course
students will be able to:
● comprehend the foundational concepts of crime, criminal liability and demonstrate legal
aptitude and skill, to read and interpret law and to solve practical problems of substantive
criminal before them;
● understand the foundational concepts of principles related to essential elements of mens
reus and actus reus in criminal law and various types of punishment as envisaged under
Indian Penal Code 1860.
● examine the general defences and identify essential ingredients applicable to inchoate
offences enumerated under Indian Penal Code 1860;
● critically analyse the essential ingredients and judicial principles related to offences against
human body;
● compare and differentiate between essential ingredients of various property offences as
enumerated under Indian Penal Code 1860; and
● analyse the essential ingredients of offences related to marriage and defamation and apply
their understanding in new developments in legal and social context.

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 COURSE CONTENTS
Module-I: Introduction to Criminal Justice Administration
[Teaching Hours 10]
1.1 General principles of Criminal Law: Concept of Crime; Crime and Morality;
Presumption of Innocence; Doctrine of Actus Non Facit Reum Nisi Mens Sit Rea;
Meaning of Mens Rea; Different Types of Mens Rea; Meaning of Actus Reus; Causation
and its types; Strict Liability; Vicarious Liability; Joint and Constructive
Liability(Common Object and Common Intention).
1.2 Stages in Commission of Crime: Intention; Preparation; Attempt; Commission.
1.3 Nature, Scope and Application of IPC: Historical Introduction to IPC; Extent of
Operation of IPC; Intra-territorial and Extra Territorial Operation; Persons Exempted
from Jurisdiction of Criminal Courts; Liability of Foreigners in India for Offences
Committed Outside Territorial Limits.
1.4 General Explanations: Meaning of Voluntary; Meaning of offence; Judge, Court of
Justice, Public Servant, Moveable Property, Wrongful Gain, Wrongful Loss,
Dishonestly, Fraudulently.
1.5 Types of Punishment under IPC: Capital Punishment; Life Imprisonment; Forfeiture
of Property; Fine; Solitary Confinement.
Law Commission of India Report
● Law Commission of India, Report No. 35 on “Capital Punishment” (1967).
● Law Commission of India, Report No. 39 on “The punishment of imprisonment for life
under the Indian Penal Code” (1969).
● Law Commission of India, Report No. 42 on “The Indian Penal Code” (1971).
● Law Commission of India, Report No 156 on “The Indian Penal Code” (1997).

Statutory References
The Indian Penal Code (Act No. 45 of 1860)
Judicial References
Allauddin Mian v. State of Bihar AIR 1989 SC 1456
Barendra Kumar Ghosh v. Emperor AIR 1925 PC 1
Chittarmal v. State of Rajasthan (2003) 2 SCC 266
Goudappa v. State of Karnataka AIR 2013 SC 1595
Kartar Singh v. State of Punjab 1994 SCC (Cri) 899
Kopulla Venkat Rao v. State of A.P. AIR 2004 SC 1874
Mala Singh v. State of Haryana (2019) 5 SCC 127
Mehboob Shah v. Emperor AIR 1943 PC 118
Mobarik Ali Ahmed v. State of Bombay AIR 1957 SC 857
Nathulal v. State of M.P. AIR 1966 SC 43
Om Prakash v. State of Punjab AIR 1961 SC 1782
Rajkishore Purohit v. State of M.P. (2017) 9 SCC 483
Ravasaheb @ Ravasahebgouda v. State of Karnataka (2023) 2 SCR 965
Shiva Kumar alias Shivamurthy v. State of Karnataka 2023 SCC Online 345
Republic of Italy through Ambassador v. Union of India (2013) 4 SCC 721
Standard Chartered Bank v. Directorate of Enforcement (2005) 4 SCC 405

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 State of Madhya Pradesh v. Narayan Singh (1989) 3 SCC 596
State of Maharashtra v. M. H George AIR 1965 SC 722
Yunis and Ors. v. State of Madhya Pradesh AIR 2003 SC 539
Compulsory Readings
● K.I. Vibhute (rev.), P.S.A PILLAI’S CRIMINAL LAW, 14th ed. 2019, Lexis Nexis
Publications, Gurgaon, pp. 1-14, Ch. 1 (Nature of Crime), pp. 27-58, Ch. 3 and Ch.4
(Constituent Elements of Crime and Mens Rea), pp. 201-202 (Stages in the Commission
of an Offence), pp. 267-295, Ch.18 (Joint Liability), pp. 297-305, Ch. 19 (Of Punishments,
Part A-Part G), pp. 306-351, Ch. 20 (Jurisdiction).
● K. Kannan and Anjana Prakash, RATANLAL AND DHIRAJLAL’S THE INDIAN
PENAL CODE, 36th ed. 2019, Lexis Nexis Publications, Gurgaon, pp. 15-58, Ch. II
(General Explanations).
Suggested Readings
● Atul Chandra Patra,“An Historical Introduction to the Indian Penal Code”, JOURNAL OF
THE INDIAN LAW INSTITUTE, Vol.3, No.3,1961, p. 351.
● Stanley Yeo, “Common Intention in the Indian Penal Code: Insights from Singapore”,
JOURNAL OF THE INDIAN LAW INSTITUTE, Vol. 50, No.1, 2008, p.640.

Module-II: General Exceptions, Inchoate offences, Offences against State and Public
Tranquility [Teaching Hours 15]
2.1 General Exceptions: Concept; Object; Excusable and Justifiable Exceptions;
Applicability to Offences under Special or Local Laws; Mistake of Fact; Judicial Acts;
Accident and Misfortune; Necessity; Infancy; Insanity or Mental Abnormality;
Intoxication; Consent and Compulsion; Trivial Acts; Private Defence.
2.2 Abetment: Definition and Ingredients of Abetment; Definition of Abettor; Abetment in
India of Offences Outside India; Punishment of Abetment Extent of Liability.
2.3 Conspiracy: Nature and Scope Criminal Conspiracy; Punishment of Criminal
Conspiracy; Difference between Abetment and Criminal Conspiracy.
2.4 Attempt: Meaning and Essential Elements of Attempt to commit offences; Tests for
Differentiating between Stages of Preparation and Attempt; Attempting an Impossible
Act.
2.5 Offences against State: Definition and Ingredients of Waging War; Offence of Sedition;
Meaning, Definition, Ingredients; Scope and Limitation; Punishment.
Law Commission of India Report
● Law Commission of India, Consultation Paper on “Sedition” (2018).
● Law Commission of India, Report No. 279 on “Usage of The Law of Sedition” (2023)

Statutory Reference
The Indian Penal Code (Act No. 45 of 1860)
Judicial Reference
Abhayanand Mishra v. State of Bihar AIR 1961 SC 1698
Ajay Aggarwal v. Union of India (1993) 5 SCC 961

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Atmendra v. State of Karnataka AIR 1998 SC 198
B. Virupakshaiah v. State of Karnataka (2016) 4 SCC 595
Bablu @ Mabarik Hussain v. State of Rajasthan AIR 2007 SC 697
Balwant Singh v. State of Punjab (1995) 3 SCC 214
Bimbadhar Pradhan v. State of Orissa AIR 1956 SC 469
Dahyabhai Chhaganbhai Thakkar v. State of Gujarat AIR 1964 SC 1563
Darshan Singh v. State of Punjab (2010) 2 SCC 333
Deo Narain v. State of UP (1973) 1 SCC 34
Jai Bhagwan v. State of Haryana, 1999 SCC (Cri) 388
Kanhaiya Kumar v. State of NCT of Delhi 2016 SCC OnLine Del 1362
Kashibai v. State of Karnataka 2023 SCC Online SC 575
Kedar Nath Singh v. State of Bihar AIR 1962 SC 955
Kedar Singh v State (Delhi Administration) AIR 1988 SC 1883
Kishan v. State of MP (1974) 3 SCC 623
Kulwant Singh v. State of Bihar 2010) 3 SCC 630
Mohammed Ajmal Amir Kasab v. State of Maharashtra (2012) 9 SCC 1
Prakash Nayi @ Sen v. State of Goa 2023 SCC Online SC 93
Pratap bhai Hamit bha Solanki v. State of Gujarat (2013)1 SCC 613
Prem Singh v. State of NCT of Delhi AIR 2023 SC 193
R v. Kingston [1994] Q.B. 81 [1993] 3 WLR 676
R v. Lipman [1970] 1 Q.B. 152
R. v. M'Naghten (1843) 10 CL & F 2000
Ram Kumar v. State of Himachal Pradesh AIR 1995 SC 1965
Ram Manohar v. State of Bihar AIR 1966 SC 740
Sanju v. State of Kerala AIR 2001 SC 175
S.G. Vombatkere v. Union of India (2022) 7 SCC 433
Shankar Jaiswara v. State of West Bengal (2007) 9 SCC 360
Somasundaram v. State (2016) 5 SCC 1006
State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru (2005) 11 SCC 600
State of Maharashtra v. Mohd. Yakub AIR 1980 SC 1111
State of Orissa v. Bhagaban Barik (1987) 2 SCC 498
State of U.P. v. Mohan (2013) 14 SCC16
State of West Bengal v. Shew Mangal Singh AIR 1981 SC 1917
State v. Ram Swarup (1974) 4 SCC 764
Sukhdev Singh v. Government of NCT of Delhi (2003) 7 SCC 441
Surendra Mishra v. State of Jharkhand AIR 2011 SC 627
The Queen v. Tolson L.R.] 23 Q.B.D. 168
Topan das v. State of Bombay (1955) 2 SCR 881
Vishwanath v. State of U.P AIR 1960SC 67
Yogesh v. State of Maharashtra (2009) 1 SCC 51
Zakia Ahsan Jafri v. State of Gujarat 2022 (9) SCALE 385
Compulsory Readings
● K.I. Vibhute (rev.), P.S.A PILLAI’S CRIMINAL LAW, 14th ed. 2019, Lexis Nexis
Publications, Gurgaon, pp.59-64, Ch. 5 (General Exceptions-An Introduction), pp. 65-78,
Ch. 6 (Mistake of Fact), pp. 79-86, Ch. 7 (Judicial Acts), pp. 91-98, Ch. 8 (Accident and
Misfortune), pp.87-94, Ch. 9 (Infancy), pp. 103-116, Ch. 10 (Insanity or Mental
Abnormality), pp.117-126, Ch. 11 (Intoxication), pp.127-146, Ch. 12 (Consent and
Compulsion), pp.147-155, Ch. 13 (Trivial Acts), pp.156-196, Ch. 14 (Private Defence),
pp.197-219, Ch. 15 (Attempt), pp.220-250, Ch. 16 (Abetment), pp.251-272, Ch. 17

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 (Criminal Conspiracy), pp.376-382, Ch. 18 (Waging War against the Government of
India), pp.383-393 (Sedition), pp. 407-442 (Unlawful Assembly and Rioting), pp.443-444
(Affray).
● K. Kannan and Anjana Prakash, RATANLAL AND DHIRAJLAL’S THE INDIAN
PENAL CODE, 36th ed. 2019, Lexis Nexis Publications, Gurgaon, pp.97-174, Ch. IV (
General Exceptions), pp.175-196, Ch. V (Of Abetment), pp. 197-214, Ch. VI (Criminal
Conspiracy), pp.215-222 (Waging War against the Government of India), pp.223-227
(Sedition), pp.235-272 (Unlawful Assembly and Rioting), p.272 (Affray), pp.867-872
(Attempt to Commit Offences).
Suggested Readings
● Andrew Phang, “Of Legal History, Jurisprudence and Insanity- Wrong or Contrary to Law
in Section 84 of the Penal Code Reconsidered”, SINGAPORE JOURNAL OF LEGAL
STUDIES, Vol. 34, No. 1, 1995, p.315.
● George P. Fletcher, “RETHINKING CRIMINAL LAW”, 2000, Oxford University Press,
Oxford, pp.759-875 (Chapter Ten: The Theory of Justification and Excuse).
● George P. Fletcher, BASIC CONCEPTS OF CRIMINAL LAW, 1998, Oxford University
Press, New York, pp. 148-170 (Relevant Versus Irrelevant Mistakes), pp. 171-187
(Attempts versus Completed Offences).
● Williams, “Lords and Impossible Attempts, or Quis Custodiet Ipsos Custodes”,
CAMBRIDGE LAW JOURNAL, Vol. 45, No. 1, 1986.

Module-III: Offences affecting the Human Body [Teaching Hours 17]

3.1 Hurt and Grievous Hurt: Definition and Ingredients of Hurt; Voluntarily Causing Hurt
and Grievous Hurt; Causing Hurt or Grievous Hurt by Dangerous Weapons; Causing
Grievous Hurt by Use of Acid; Punishment.
3.2 Homicide, Suicide and Sexual Offences: Meaning of Homicide; Definition and
Ingredients of Culpable Homicide; Definition and Ingredients of Murder; Causing Death
by Negligence; Attempt to Commit Culpable Homicide and Murder; Punishment;
Definition and Ingredients of Attempt to Commit Suicide; Punishment, Effect of Mental
Healthcare Act 2017; Definition and Ingredients of Rape; Rape Causing Death or
Resulting in Persistent Vegetative State of the Victim; Punishment.
3.3 Wrongful Restraint and Wrongful Confinement: Definition and Ingredients of
Wrongful Restraint; Definition and Ingredients of Wrongful Confinement; Distinction
between Wrongful Restraint and Wrongful Confinement; Wrongful Confinement to
Extort Confession; Punishment.
3.4 Kidnapping and Abduction: Types of Kidnapping; Definition and Ingredients of
Kidnapping from India; Definition and Ingredients of Kidnapping from Lawful
Guardianship; Meaning of Abduction; Distinction between Kidnapping and Abduction;
Punishment.
3.5 Criminal Force, Assault and Criminal Intimidation : Definition of Force; Definition
and Ingredients of Criminal Force; Definition and Ingredients of Assault; Difference
between Assault, Criminal Force and Hurt; Assault or Criminal Force on Grave
Provocation; Assault or Criminal Force to Woman to Outrage her Modesty; Assault or
Criminal Force with Intent to Disrobe a Woman; Sexual Harassment; Voyeurism;
Stalking; Punishment; Definition and Ingredients of Criminal Intimidation; Insult to the
Modesty of a Woman; Punishment.
Law Commission of India Report

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● Law Commission of India, Report No. 210 on “Humanization and Decriminalization of
Attempt to Suicide” (2008).
● Law Commission of India, Report No 226 on “The Inclusion of Acid Attacks as Specific
Offences in IPC and a Law for Compensation for Victims of Crime” (2009).
● Law Commission of India, Report No. 84 on “Rape and allied offences some questions of
Substantive Law, Procedure and Evidence” (1980).
● Law Commission of India, Report No.156 on “The Indian Penal Code” (1997).
● Law Commission of India, Report No. 172 on “Review of Rape Laws” (2000).
Statutory References
The Indian Penal Code (Act No. 45 of 1860)
Judicial References
Abdul Waheed Khan v. State of A.P. 2005 SCC (Cri) 1301
Amrithalinga Nadar v. State of Tamil Nadu AIR 1976 SC 1133
Anurag Soni v. State of Chattisgarh 2019 8 SCC 509
Baijnath v. State of M.P., (2017) 1 SCC 101
Chandrika Sao v. State of Bihar AIR 1967 SC 170
Cherubin Gregory v. State of Bihar AIR 1964 SC 205
E Chandrasenan v. State of Kerala (1995) 2 SCC 99
Gurubaran v. State 2019 SCC OnLine SC 1269
Jacob Mathew v. State of Punjab (2005) 6 SCC 1
Jagannivasan v. State of Kerala 1995 Supp (3) SCC 204
Joseph Shine v. Union Of India on 8 December 2018 SCC OnLine SC 1676
Juggan Khan v. State of M.P. AIR 1965 SC 831
K.M. Nanavati v. State of Maharashtra AIR 1962 SC 605
Mathai v. State of Kerala AIR 2005 SC 710
Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill 1996 AIR SC 309
Naim Ahamed v. State (NCT of Delhi) 2023 SCC Online SC 89
Nand Lal v. State of Chhattisgarh (2023) 2 SCR 276
Navtej Singh Johar v. Union of India AIR 2018 SC 4321
Naz Foundation v. Govt. of NCT, Delhi 2009 SCC OnLine Del 1762
Prasad Pradhan v. State of Chhattisgarh AIR 2023 SC 643
Priya Patel v. State of Madhya Pradesh (2006) 6 SCC 263
R. v. Govinda (1876) ILR 1 Bom 342
Ravindra v. State of Madhya Pradesh (2015) 4 SCC 491
Ravi Dhingra v. State Haryana AIR 2023 SC 1243
Romesh Chandra Arora v. State AIR 1960 SC 154
Roop Singh v. State of M.P. (2013) 7 SCC 89
S. Varadarajan v. State of Madras AIR 1965 SC 942
Sakshi v. Union of India (2004) 5 SCC 518
Shanti v. State of Haryana AIR 1991 SC 1226
Siddaruda @ Karna v. State of Karnataka 2023 SCC Online SC 585
Shyam Lal Sharma v. State of M.P. AIR 1972 SC 886
State (Govt. of NCT of Delhi) v. Nitin Gunwant Shah (2016) 1 SCC 472
State of Rajasthan v. Dhool Singh AIR 2004 SC 1264

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State of Rajasthan v. Banwari Lal 2022 (6) SCALE 71
State of W.B. v. Mir Mohammad Omar AIR 2000 SC 2998
State v. Sanjeev Nanda (2012) 8 SCC 450
Suresh Kumar Koushal v. Naz foundation AIR 2014 SC 563
Suresh Singhal v. State (Delhi Administration) (2017) 2 SCC 737
Thakorlal D. Vadgama v. State of Gujarat AIR 1973 SC 2313
Tilak Raj v. State of H.P. (2016) 4 SCC 140
Tukaram v. State of Maharashtra (1979) 2 SCC 143
Tulshidas Kanolkar v. State of Goa (2003) 8 SCC 590
Vijay Kumari Magee v. Smt. S.M. Rao AIR 1996 SC 1058
Vikam Johar v. State of U.P AIR 2019 SC 2109
Virsa Singh v. State of Punjab AIR 1958 SC 465
Compulsory Readings
● K.I. Vibhute (rev.), P S A PILLAI’S CRIMINAL LAW, 14th ed. 2019, Lexis Nexis
Publications, Gurgaon, pp. 651-694 (Culpable Homicide, Murder, Causing Death by
Negligence), pp. 706-711 (Attempt to Commit Culpable Homicide and Murder), pp.712-
715 (Attempt to Commit Suicide), pp. 761-780 (Hurt and Grievous Hurt), pp.781-798
(Criminal Force and Assault), pp.799-807 (Wrongful Restraint and Wrongful
Confinement), pp. 808-822 (Kidnapping and Abduction), pp.829-872 (Sexual Offences).
● K. Kannan and Anjana Prakash, RATANLAL AND DHIRAJLAL’S THE INDIAN
PENAL CODE, 36th ed. 2019, Lexis Nexis Publications, Gurgaon, pp. 421-516 (Culpable
Homicide, Murder, Causing Death by Negligence), pp.537-541 (Attempt to Commit
Culpable Homicide and Murder), pp. 542-545 (Attempt to Commit Suicide), pp.552-583
(Hurt and Grievous Hurt), pp.584-591 (Wrongful Restraint and Wrongful Confinement),
pp.593-609 (Criminal Force and Assault), pp.610-629 (Kidnapping and Abduction),
pp.633-658 (Sexual Offences), pp.859-866 (Of Criminal Intimidation, Insult and
Annoyance).
Suggested Readings
● Catherine A. MacKinnon, “Rape Redefined”, HARVARD LAW AND POLICY
REVIEW, Vol. 10, No. 1,2016, pp. 431.
● K.I Vibhute, K.I., "Rape and the Indian Penal Code at the crossroads of the new
millennium between partriarchiast and gender neutralist approach", JOURNAL OF
INDIAN LAW INSTITUTE, Vol.43, No. 1, 2001, pp. 25.
● R.V. Kelkar, “Provocation as a Defence in the Indian Penal Code”, JOURNAL OF
INDIAN LAW INSTITUTE, Vol.5, No.3, 1963, pp. 319.
● Rathna Nathan, “Moralising Section 300(c) of the Singapore and Indian Penal Code: A
Conceptual Analysis”, JOURNAL OF INDIAN LAW INSTITUTE, Vol.52, No.2, 2010,
pp. 145.
● Upendra Baxi, “The 'Ultimate Violation of Self : Reflections on Judicial Discourse on
Attempted Rape”, SUPREME COURT CASE JOURNAL, Vol. 6, No. 1, 1998.
● Ved Kumari and Ravinder Barn, “Sentencing in Rape Cases”, JOURNAL OF INDIAN
LAW INSTITUTE, Vol.59, No.1, 2017.

Module-IV: Offences relating to Property [Teaching Hours 11]

4.1 Theft and Extortion: Definition and Ingredients of Theft; Theft in Dwelling House;
Theft after Preparation made for Causing Death; Hurt or Restraint in order to Commit

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 Theft; Definition and Ingredients of Extortion; Putting Person in Fear of Injury in order
to Commit Extortion; Extortion by Putting a Person in fear of Death or Grievous Hurt;
Distinction between Theft and Extortion; Punishment.
4.2 Robbery and Dacoity : Definition and Ingredients of Robbery; Being a Member of
Gang of Robbers; Attempt to Commit Robbery; Voluntarily Causing Hurt in Committing
Robbery; Definition and Ingredients of Dacoity; Dacoity with Murder; Making
Preparation to Commit Dacoity; Assembling for Purpose of Committing Dacoity; Being
a Member of Gang of Dacoits; Robbery or Dacoity with Attempt to Cause Death or
Grievous Hurt; Attempt to Commit Robbery or Dacoity when Armed with Deadly
Weapon; Punishment.
4.3 Criminal Misappropriation of Property and Criminal Breach of Trust: Definition
and Ingredients of Dishonest Misappropriation of Property; Dishonest Misappropriation
of Property Possessed by Deceased Person at the Time of his Death; Distinction between
Theft and Criminal Misappropriation, Criminal Breach of Trust; Definition and
Ingredients of Criminal Breach of Trust; Criminal Breach of Trust by Carrier;
Punishment.
4.4 Cheating and Mischief: Definition and Ingredients; Cheating and Dishonestly Inducing
Delivery of Property; Cheating by Personation; Cheating in Fiduciary Relationship;
Punishment; Definition and Ingredients of Mischief; Punishment.
4.5 Criminal Trespass : Definition and Ingredients of Criminal Trespass; Definition of
House-Trespass; House-Trespass in order to Commit Offence Punishable with Death;
House-Trespass in order to Commit Offence Punishable with Imprisonment for Life;
Definition of Lurking House-Trespass; Definition of House-Breaking; Lurking House-
Trespass or House-Breaking in order to Commit Offence Punishable with Imprisonment;
Lurking House-Trespass or House-Breaking after Preparation for Hurt; Assault or
Wrongful Restraint; Definition of House-Breaking by Night; Lurking House-Trespass
by Night; Punishment.
Statutory Reference
The Indian Penal Code (Act No. 45 of 1860)
Judicial Reference
Ajendranath v. State of M.P AIR 1964 SC 170
Ashfaq v. State (Govt. of NCT of Delhi) AIR 2004 SC 1253
Aslam v. State of Rajasthan AIR 2009 SC 363
Deepak Gaba v. State of Uttar Pradesh AIR 2023 SC 228
HDFC Bank Limited v. State 2015 SCC Online Mad 10573
Indian Oil Corporation v. NEPC India Ltd. AIR 2006 SC 2780
K.N. Mehra v. State of Rajasthan AIR 1957 SC 369
Mahadeo Prasad v. State of West Bengal AIR 1954 SC 724
Mathri v. State of Punjab AIR 1964 SC 986
M.N.G. Bharateesh Reddy v. Ramesh Ranganathan AIR 2022 SC 5021
Nasiruddin v. State of Assam AIR 1971 SC 1254
Pratibha Rani v. Suraj Kumar AIR 1985 SC 628
Pyare Lai Bhargava v. State of Rajasthan AIR 1963 SC 1094
Raj Kumar @ Raju v. State of Uttaranchal AIR 2008 SC 3248
Rash Behari Chaterjee v. Fagu Shaw AIR 1970 SC 20
S.V.L. Murthy v. CBI AIR 2009 SC 2717

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Sarabjit Kaur v. State of Punjab 2023 5 SCC 360
Sadhupati Nageswara Rao v. State of Andhra Pradesh AIR 2012 SC 3243
Shiv Kumar v. State of Madhya Pradesh (2022) 9 SCC 676
Shri Bhagwan Samartha Maharaj v. State of Andhra Pradesh AIR 1999 SC 2332
Shyam Behari v. State of U.P AIR 1957 SC 320
Sonu Sardar v. State of Chattisgarh AIR 2012 SC 1480
State of H.P. v. Karanvir AIR 2006 SC 2211
Venu @ Venugopal v. State of Karnataka AIR 2008 SC 1199
Vijay Kumar Ghai v. State of West Bengal (2022) 7 SCC 124
Compulsory Readings
● K.I. Vibhute (rev.), P S A PILLAI’S CRIMINAL LAW, 14th ed. 2019, Lexis Nexis
Publications, Gurgaon, pp.873-898 (Theft and Extortion), pp.899-918 (Robbery and
Dacoity), pp.919-936 (Criminal Misappropriation and Breach of Trust), pp.946-958
(Cheating), pp.959-974 (Mischief), pp.976-985 (Criminal Trespass).
● K. Kannan and Anjana Prakash, RATANLAL AND DHIRAJLAL’S THE INDIAN
PENAL CODE, 36th ed. 2019, Lexis Nexis Publications, Gurgaon, pp.659-676 (Theft and
extortion), pp.677-696 (Robbery and Dacoity), pp.697-721 (Criminal Misappropriation of
Property and Criminal Breach of Trust), pp.727-746 (Cheating), pp.747-754 (Mischief),
pp.755-772 (Criminal Trespass).
Suggested Reading
● Susan W. Brenner, “Bits, Bytes, and Bicycles: Theft and Cyber Theft”, NEW ENGLAND
LAW REVIEW, Vol.47, No. 1, 2013, pp. 817.

Module-V: Offences relating to Marriage and Defamation [Teaching Hours 11]

5.1 Dowry Death: Definition and Ingredients; Presumption as to Dowry Death; Punishment.
5.2 Abetment of Suicide: Definition and Ingredients; Abetment of Suicide of Child or
Insane Person; Presumption as to Abetment; Punishment.
5.3 Marrying Again During Lifetime of Husband or Wife: Definition and Ingredients;
Effect of Religious Conversion; Non-Disclosure of First Marriage; Punishment.
5.4 Adultery and Cruelty by Husband or Relative of Husband : Definition and
Ingredients of Adultery; Punishment; Reason for decriminalization; Definition and
Ingredients of Cruelty by husband; Comparison between Dowry Death and Cruelty by
Husband or Relative of Husband; Punishment.
5.5 Defamation: Definition; Exceptions; Distinction between English Law and Indian Law;
Punishment.
Law Commission of India Report
● Law Commission of India, Report No. 210 “Humanisation and Decriminalisation of
Attempt to Suicide” (2008).
● Law Commission of India, Report No. 226 “The Inclusion of Acid Attacks as Specific
Offences in IPC and a Law for Compensation for Victims of Crime” (2009).
● Law Commission of India, Report No. 227 on “Preventing Bigamy via conversion to
Islam” (2009).
● Law Commission of India, Report No. 243 on “A report on Section 498A IPC” (2012).
● Law Commission of India, Report No. 202 on “Proposal to amend Section 304B of the
Indian Penal Code” (2007).

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Statutory Reference
The Indian Penal Code (Act No. 45 of 1860)
Judicial Reference
Baithana Ram Krishnan Reddy v. State of Madras AIR 1952 SC 149
D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469
Daxaben v. State of Gujarat AIR 2022 SC 3530
Gurjit Singh vs. State of Punjab AIR 2019 SC 567
Gurnail Singh v. State of Punjab (2013) 7 SCC 108
Harbhajan Singh v. State of Punjab AIR 1966 SC 97
Jawaharlal Darda v. Manoha Rao Ganpat Rao AIR 1998 SC 2117
Joseph Shine v. Union Of India on 8 December 2018 SCC OnLine SC 1676
K.V. Prakash Babu v. State of Karnataka AIR 2016 SC 5430
Kaliyaperumal v. State of Tamil Nadu AIR 2003 SC 3828
Manmohan Kalia v. Yash AIR 1984 SC 1161
Mohd. Abdulla Khan v. Prakash K. (2018) 1 SCC 615
Mariano Anto Bruno v. Inspector of Police AIR 2022 SC 4994
Pashuara Singh v. State of Punjab AIR 2010 SC 922
Rajesh vs. State of Haryana AIR 2019 SC 478
S. Nagalingam v. Sivagami AIR 2001 SC 3576
Sahib Singh Mehra v. State of U.P. AIR 1965 SC 1451
Sarla Mudgal v. Union of India (1995) 3 SCC 635
Satvir Singh v. State of Punjab AIR 2001 SC 2826
Shanti(Smt) v. State of Haryana AIR 1991 SC 1226
Social Action Forum for Manav Adhikar v. Union of India (2019) 1 SCC (Cri) 276
Sowmithri Vishnu v. Union of India AIR 1985 SC 1618
State of West Bengal v. Indrajit Kundu 2019 SCC OnLine SC 1364
State of Madhya Pradesh v. Jogendra AIR 2022 SC 933
U. Suvetha v. State (2009) 6 SCC 757
Compulsory Readings
● K.I. Vibhute (rev.), P S A PILLAI’S CRIMINAL LAW, 14th ed. 2019, Lexis Nexis
Publications, Gurgaon, pp.695-705 (Dowry Death), pp.712-715 (Abetment of Suicide),
pp.615-619 (Marrying Again During Lifetime of Husband or Wife), pp.619-626
(Adultery), pp.629-643 (Cruelty by Husband or Relative of Husband), pp.1036-1084
(Defamation).
● K. Kannan and Anjana Prakash, RATANLAL AND DHIRAJLAL’S THE INDIAN
PENAL CODE, 36th ed. 2019, Lexis Nexis Publications, Gurgaon, pp.517-530 (Dowry
Death), pp.530-536 (Abetment of Suicide), pp.805-810 (Marrying Again During Lifetime
of Husband or Wife), pp.811-812 (Adultery), pp.815-832 (Of Cruelty by Husband or
Relative of Husband), pp.833-858 (Of Defamation).
Suggested Readings
● Judith Greenberg, “Criminalizing Dowry Deaths: The Indian Experience”, AMERICAN
UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY & THE LAW, Vol.11, No.
1, 2003.

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● Sainabau Musa, “Dowry Murders in India: The Law & Its Role in the Continuance of the
Wife Burning Phenomenon”, NORTHWESTERN INTERDISCIPLINARY LAW
REVIEW, Vol. 5, 2012, pp. 225.
● J.C. Hall, “Matrimonial Cruelty and Mens Rea”, CAMBRIDGE LAW JOURNAL, Vol.
104, 1963, pp. 963.
● Kiran B. Jain, “Vice of Bigamy and the Indian Penal Code: Ramifications of an Archaic
Law”, JOURNAL OF INDIAN LAW INSTITUTE, Vol.32, No.3, 1990, pp. 386.
● Bonnie Docherty, “Defamation Law: Positive Jurisprudence”, HARVARD HUMAN
RIGHTS JOURNAL, Vol.13, No. 1, 2000, pp. 263.

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