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Indian Penal Code Law of Crimes Paper 1
Indian Penal Code Law of Crimes Paper 1
Indian Penal Code Law of Crimes Paper 1
SEMESTER- 3
PRN- 20010422099
COURSE- BBA.LLB
1A) The Right of Private Defence
Nothing is an offence which is done in the exercise of the right of private defense. Section 96-
106 of the IPC, 1860 codify the entire law relating to the right of private defense of body and
property including the limitation of the right. The basic principle is that when an individual or his
property is faced with a danger and immediate aid from the State machinery is not available, the
individual is entitled to protect himself and his property. It is the necessity of averting an
impending danger and not of self creation. The necessary corollary is that the violence which the
citizen defending himself or his property is entitled to use must not be unduly disproportionate to
the injury which is sought to be averted or which is reasonably apprehended and should not
exceed the legitimate purpose.
According to Section 97- Every person has a right, subject to the restrictions contained in Section
99 to defend his own body, and the body of any other person, against any offense affecting the
human body.
Limitations
1) That if there is sufficient time for recourse to public authorities, the right are not available
2) That more harm than is necessary should not be caused;
3) That there must be a reasonable apprehension of death or grevious hurt or hurt to the
person or damage to the property concerned.
According to Section 100 the right of private defence of the body extends, under the
restrictions mentioned in the last preceding section, to the voluntary causing of death or
of any other harm to the assailant, if the offfence which occasions the exercise of the
right of any of the descriptions namely-
1) Such an assault as may be reasonably cause the apprehension that death will
otherwise be the consequence of assault.
2) Such an assault as may reasonably cause the apprehension that grevious husrt will
otherwise be the consequence of such assault
3) An assault will the intention of commiting rape
4) An assault with the intention of gratifying unnatural lust
5) An assault with the intention of kidnapping or abducting
6) An assault with the intention of wrongfully confining a person, under circumstances
which may reasonably cause him to apprehend that he will be unable to have recourse
to the public authorities for his release
7) An act of throwing or adminstering acid or attempt to throw or admininster acid
which may reasonably cause the apprehension that grevious husrt will be the
consequence of the act.
2B) Before completion of crime, human mind has to pass four steps
1) Intention to commit;
2) Preperation to commit it
3) Attempt to commit it
4) If the attempt is unsuccessful, then crime is complete
2) Preperation
Preparation consists in devising or arranging the means or measures necessary for
the commission of an offense.
3) Attempt
It is the direct movement towards the commission after the preparations are made.
In the State of Maharastra v Mohd Yakub the Supreme Court observed the
attempt question is a mixture of law and fact. Attempt defies a precise and exact
definition. There are three stages of attempt. In the first stage, the culprit
entertains the idea or intention to commit an offense. In the second stage, he
makes preparation to commit it. The third stage is when the culprit takes
deliberate overt steps to commit the offense. Such overt act or step in order to be a
criminal need not be the penultimate act towards the commission of the offense. It
is sufficient if such acts or acts were deleiberately done, and manifest a clear
intention to commit the offence aimed, being reasonably proximate to the
consummation of the offense.
The test for determining whether the acts constitute attempt or preparation is
whther the overt acts already done are such that if the offender changes his mind
and does not proceed further in its progress, the acts already done would be
completely harmless. But where thig done if not prevented by any extraneous
cause, would fructify into the commission of an offense, it would amount to an
attempt to commit that offense. An attempt to commit an offense does to cease to
be an attempt merely because after the attempt is made and before the actual
completeion of the offense the offender may be able to prevent its completion by
doing some other act in pursuance of the changed intention.
An accused is liable for attempt where his failure to commit an offence is not due
to any act or omission of his own, but due to the intervention of some factor
independent of his own volition.
Preparation and Attempt Difference
A person attempts the offense when he intends to commit the particular offense.
He having made preparation and with the intention to commit an offense
Does an act towards its commission such an act need not be the penultimate act
for commission of the offense but must be an act during the course of committing
that offense.
Ingredients:
It is found that usually the intention of the accused while taking the
possession of the property was innocent but there is a change in the
intention subsequently which makes the accused use the property for his
own benefit.
Thus, some property belonging to others comes under the possession of the
accused, innocently, and later is misappropriated or converted by accused to
his own use.
The essence of the offence is that the accused got the possession of the
property in a lawful manner, however, after he got the posession, there was
unlawful use of the property subsequently.
First Possession:
Lawful
Unlawful
Possession
The possession may even be with the consent of the owner, e.g., he may be a
joint owner
Converts to use:
1. X and Y were classmates. One day, X was in a hurry to catch the bus and
he picked up the bag similar to his, thinking it to be his own. On reaching
home, he realized that the bag belonged to Y and not X. Still, X kept the bag
to himself and later sold it to one of his juniors.
Dishonest intention to misappropriate the property may be permanent
or temporary in nature. A person who finds property not in the possession of any
other
person, and takes such property for the purpose of protecting it for, or
of restoring it to, the owner does not take or misappropriate it
dishonestly, and is not guilty of an offence; but he is guilty of the
offence above defined, if he appropriates it to his own use, when he
knows or has the means of discovering the owner, or before he
has used reasonable means to discover and give notice to the
owner and has kept the property a reasonable time to enable the
owner to claim it.
No “finders; keepers”
Essentials
Accused must be entrusted with property or with dominion over the property.
ii) any legal contract made regarding discharge of such trust. Difference between
Criminal Misappropriation and Criminal
Breach of Trust
Section 406:
Punishment is imprisonment up to
seven years or fine or both
Punishment of imprisonment of
life or imprisonment up to ten
years and fine.
Punishment of imprisonment up
to seven years and fine.
Z 's will contains the these words—“I direct that all my remaining
property be equally divided between A, B and C .” A dishonestly
scratches out B 's name, intending that it may be believed that the
whole was left to himself and C. A has committed forgery.
A writes a letter and signs it with B 's name without B 's authority,
certifying that A is a man of good character and in distressed
circumstances from unforeseen misfortune, intending by means of
such letter to obtain alms from Z and other persons. Here, as A made
a false document in order to induce Z to part with property. A has
committed forgery. Explanation I
Explanation II
Sec 188- Cr PC- when an offence is committed outside India (a) by a citizen
of India whether on high sea or elsewhere or (b) a person not being India
Citizen, on any ship ore aircraft registered in India ---- may be dealt –with
in respect of such offences as if it had been committed at any place within
India at which he may be found—previous sanction of the central
Government
Sec 189- when any offence alleged to have been committed in a territory
outside India is being inquired into or tried under the provisions of sec 188 –
Central Govt- if thinks fit- direct the copy of the depositions made or
exhibits produced before judicial officers in or for that territory or before
diplomatic or consular representative of India in or for that territory shall
be received as evidence by the court holding such enquiry or trial in any
case in which such court might issue a commission for taking evidence as
to the matters to which such depositions or exhibits relate
If alleged offence was committed outside India and the accused is not a
Indian citizen – IPC has no application
lawful act, he accidentally committed murder of deceased. But the evidence showed that accused
during the course of scuffle deliberately used gun and fired shots at deceased.
It is the genus, i.e. it is a wider term and includes It is a species of wrongful restraint i.e. a type of
several types of restraints under it. wrongful restraint.
It is not a very serious offence and is punishable It is a more serious offence and is punishable with a
with lesser punishment. more severe punishment than wrongful restraint.
Punishment: Sec. 341. Imprisonment to one Punishment: Sec. 342. Imprisonment to one year, or
month, or fine Rs. 500/-, or with both. fine Rs. 1000/-, or with both.
Force
A person is said to be using “force” on another person when he causes a change in motion, cessation
of motion or a substantial change in motion of another person, or brings a substance in contact with
another person’s body or it affects another person’s sense of feeling. The term force in Section 349 is
force used in connection with the human body.
Consent
In criminal force, a person may use undue force on another person without the consent of that person
so as to cause harm to him. If there is consent, it won’t be counted as criminal force.
Assault
When a gesture is made to any person, knowing that the person is going to apprehend it as the person
is going to use criminal force on that person is known as assault. Mere words do not consist of an
assault. But a person may use certain gestures and expressions or preparation, such gestures,
expressions and preparations may amount to assault. For example:
X shakes his fist at Y, intending or knowing that may cause to believe Y that X is about to
strike Y. X has committed assault.
X loosens the muzzle of a ferocious dog knowing that the dog will cause harm to Y. So, X
has committed an assault upon Y.
A takes up a stick, says to Z, “I am going to beat you up”. Here, although the words
employed by A may in no case amount to a direct assault, and although the mere gesture,
unaccompanied by the other circumstances, may not amount to an assault, the gesture
explained by the words might amount to an assault.
Ingredients
Gesture or Preparation
When a gesture or preparation is made from one person to another person with the intention to use
criminal force, it is said to commit assault.
Cause Apprehension of Assault
Generally speaking, assault happens when someone causes harm to other person’s body which may
be usually followed by battery, as this may include things like unlawful physical conduct, violence or
unlawful sexual contact. Though, all threats are not considered assault. Also, to rise to the level of
actionable offence, the plaintiff may file the suit: