Criminal Law
Maharashtra National Law University, Aurangabad · LL.B. Semester 3
Unit I — Nature of Crime and Criminal Liability
Historical Development and Introduction of Bhartiya Nyaya Sanhita,2023, Nature of Crime, Definition of Crime in social and legal context, Distinction between Moral, Civil and · Criminal wrongs, Aim and Function of the Criminal law, Criminal Liability Principles –Actus non facit reum, nisi mens sit rea, Origin and development of mens rea, Liability without mens rea, mens rea in BNS.2023, Facets of mens rea - Motive, Knowledge, Intention, Recklessness and Negligence, Malice, Stages in Commission of Crime, Intention - mere intention not punishable, Preparation, Attempt -Attempt when punishable, specific provisions of BNS, Tests for determining what constitute attempt, proximity, equivocality and social danger test, Impossible attempt, Commission of offence
Unit II — Jurisdiction, General Explanations and Punishments
Jurisdiction under. Bhartiya Nyaya Sanhita,2023. (Sec.1), General Explanations: (Sec.2- Sec.3.), Definitions in the BNS of punishments:( Sec.4 - Sec.13) Commutation, non-payment, fine, etc.
Unit III — General Defences (Section 14 -Sec 44)
Excusable: (Mental Incapacity) Minority (Infancy), Involuntary Intoxication and Insanity as a defence, Justifiable: Necessity, Mistake of Fact, Acts done with Consent, Accident, Judicial acts, Triviality, Right of Private defence of Body and Property - Justifications and Limits.
Unit IV — Abetment and Criminal Conspiracy
Meaning of Abetment, Abetment when punishable Liability of Abettor, Abetment of an offence punishable with death or imprisonment for life (section 144-57), Criminal conspiracy (section 61,62.)
Unit V — Offences Against State, Public Tranquillity, Administration of Justice
Waging war, Sedition, Conspiracy to Waging war (S145 to 156), Unlawful Assembly, Rioting, Affray, Promoting enmity between different groups, Imputations/assertions prejudicial to national integration (S 189, 192,194,196,).
Unit VI — Offences Against Human Body: (Chapter VI Sec.100 To 146.)
Culpable Homicide, Murder, Ingredients, Exceptions and Distinction between Culpable Homicide and Murder, when culpable homicide is murder?, Doctrine of transferred malice, Attempt to commit Culpable Homicide, Attempt to Murder, Causing Death by Negligence, Causing Death with the consent of the deceased – Euthanasia and its Constitutionality, Suicide – abetment and attempt, its Constitutional validity, Hurt, Voluntarily causing hurt, etc.; Grievous Hurt, Voluntarily causing grievous hurt, etc., Wrongful Restraint, Wrongful Confinement, Criminal Force, Assault, Kidnapping and Abduction, the distinction between them.
Unit VII — Offences Relating to Women
Dowry death Cruelty against Woman, Causing Miscarriage, Acid Attack (s.80,85, 88,124,), Outraging and Insult Modesty of Woman, Sexual Harassment, Voyeurism, Stalking (s.63-79), Rape – its ingredients, developments in Rape law along with relevant judicial decisions, Unnatural offences (s. 63-73), Deceitful Cohabitation, Bigamy, Mock Marriages (s 81- 87).
Unit VIII — Offences Against Property and Documents
Theft, Extortion, Robbery and Dacoity, distinction between them, forms of Robbery and Dacoity, Criminal Misappropriation, Criminal Breach of Trust, Stolen property, Cheating, Mischief, Criminal Trespass, House Trespass, Lurking House Trespass, House Breaking, House Breaking by Night. (S.303-334), Making of False documents, Forgery and Falsification of accounts (s.335 -350), Criminal Intimidation, Insult and Defamation. (s.351-356)