Law of Crimes (Bharatiya Nyaya Sanhita)
Veer Narmad South Gujarat University · LL.B. Semester 1 · 2405000101040002
Unit I — Module I
Historical Development of Penal Law in India (i) Early Hindu law (ii) Muslim Law Historical background to Bhartiya Nyay Samhita, 2023: Why penal code? First law commission and the role of Lord Macaulay. Benthamite ideas and their influence. Napoleonic code and its influence. Advantages and disadvantages of codification. Characteristics of the Indian Penal code. Need for revision as seen by Macaulay. Interpretation of codified penal law. · Crime – Nature and definition social & legal context – a. Crime and sin b. Criminal law and morality c. Law & Ethics d. Crime and Offence
Unit II — Module II
Essentials of offences A. Human being B. Guilty intention C. Prohibited act D. Harm/ Punishment · Stages of an offence A. Intention B. Preparation C. Attempt D. Commission of offence
Unit III — Module III
Principles of Penal Law NILLA POENA SINE LEGE NULLUM CRIMEN SINE LEGE Retroactivity of criminal law, Narrow construction of criminal law, rule against judicial creation of offences and vagueness of criminal statutes. · MENS REA AND Actus Reus Meaning origin & development Means rea & Intention, Motive Knowledge, intention recklessness and Negligence · Mens rea and Criminal liability General Principles of liability Principles of mela in se, mela prohibita Joint liability Vicarious liability Strict liability Absolute liability Means rea and (1) Socio-welfare offences (2) Socio-Economic offences
Unit IV — Module IV
Inchoate offences (Ss. 45 to 62) A. Abetment B. Conspiracy C. Attempt
Unit V — (Ss. 1 to 3)
Jurisdiction of India (Section – 1) · Definitions · General explanations of the Bhartiya Nyay Samhita
Unit VI — Crime and punishment
Necessity and objectives of punishment · Different theories of punishment · Modern theory of punishment · Types of Punishment (Ss. 4 to 13)
Unit VII — General Exceptions to Crimes under Indian Penal code – General importance and
General Exceptions to Crimes under Indian Penal code – General importance and purpose of basis these exception (Ss. 14 to 33) A. Absence of Mens rea B. For the ends of justice A. Absence of Means rea · Mistake of fact, not mistake of law · Accident · To cause lesser harm, to save greater harm & compulsion · Infancy , doly incapex & doly capex principle · Act in good faith and for the benefit of victim · Acts done under compulsion B. For the ends of justice 1. Judicial acts 2. Acts done under consent 3. Trivial offences
Unit VIII — Right of Private Defence (Ss. 34 to 44) a. Right of private defence of body
. Right of Private Defence (Ss. 34 to 44) a. Right of private defence of body b. Right of private defence of property
Unit IX — Offences against Woman and Child
Offences against Woman 1.1.1 Sexual Offences (Ss. 63 to 73) 1.1.2 Criminal Force and Assault against Woman (Ss. 74 to 79) 1.1.3 Offences Relating to Marriage (Ss. 80 to 87) 1.1.4 Offences Relating to causing miscarriage etc. (Ss. 88 to 92) · Offences against Child (Ss. 93 to 99)
Unit X — Offences affecting Human Body
Offences affecting Life (Ss. 100 to 113) · Hurt and Grievous Hurt (Ss. 114 to 125) · Wrongful Restraint and Wrongful Confinement (Ss. 126-127) · Criminal Force and Assault (Ss. 128 to 136) · Kidnapping, Abduction, Slavery & Forced Labour (Ss. 137 to 146)
Unit XI — Offences against State (Ss. 147 to 158)
Unit XII — Offences relating to Army, Navy and Air Force (Ss. 159 to 168)
Unit XIII — Offences Relating to Elections (Ss. 169 to 177)
Unit XIV — Offences Relating to Coin, Currency-Notes, Bank-Notes, and Government Stamps
Offences Relating to Coin, Currency-Notes, Bank-Notes, and Government Stamps (Ss. 178 to 188)
Unit XV — Offences against the Public Tranquillity (Ss. 189 to 197)
Unit XVI — Offences by or Relating to Public Servants (Ss. 198 to 205)
Unit XVII — Contempts of the Lawful Authority of Public Servants (Ss. 206 to 226)
Unit XVIII — Offences relating to False Evidence and Offences against Public Justice (Ss.
Offences relating to False Evidence and Offences against Public Justice (Ss. 227 to 269)
Unit XIX — Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
Offences Affecting the Public Health, Safety, Convenience, Decency and Morals (Ss. 270 to 297)
Unit XX — Offences relating to Religion (Ss. 298 to 302)
Unit XXI — Offences against Property
Theft (Ss. 303 to 307) · Extortion (Section 308) · Robbery and Dacoity (Ss. 309 to 313) · Criminal Misappropriation of Property (Ss. 314 – 315) · Criminal Breach of Trust (Section 316) · Receiving Stolen Property (Section 317) · Cheating (Ss. 318 – 319) · Fraudulent Deeds and Dispositions of Property (Ss. 320 to 323) · Mischief (Ss. 324 to 328) · Criminal Trespass (Ss. 329 to 334)