–prescribing punishments for them that apply the general principles and doctrines to particular crimes.
•Actus non facit reum nisi mens sit rea
There can be no crime without a guilty mind
Two components of crime
Actus reus – Guilty act
Mens rea – Guilty mind
MENS REA UNDER IPC
•No mention made, but doctrine incorporated in two ways.
•Mens rea included in the definition of the offence
(through terms like ‘dishonestly’, ’fraudulently’, ’voluntarily’, ‘intentionally’, ‘knowingly’)
•Concept included in the provisions relating to ‘general exceptions’ in Chapter IV.
•When the definition does not include mensrea, it means that the liability is strict.
THE INDIAN PENAL CODE
•Object – To provide general penal code for India.
•Came into force from 1.1.1862.
•Applicable to the whole of India except the State of Jammu and Kashmir.
•Operation of the provisions:
–Territorial – Provisions applicable to offences committed within India.
–Extra-territorial – Provisions applicable to
a) offences committed by citizens of India outside India;
b) offences committed on ships and aircrafts regd. in India
General Explanations (Ss 6-52A)
•Interpretation Clause giving definitions of various terms in the Code for the purpose of the Code.
§‘Dishonestly’ defined under Section 24
§‘Counterfeit’ defined under Section 28
§‘Injury’ defined under Section 44
§Good faith’ defined under Section 52
Punishments (Ss 53-75)
•Imprisonment for Life
•Imprisonment, rigorous or simple
•Forfeiture of Property
General Exceptions (Ss.76-106)
1.Mistake of fact
4.Communication in good faith
Abetment (Ss 107 – 120)
•Instigating the commission of an offence
•Engaging in conspiracy and doing any act towards committing an offence
•Intentionally aiding in the commission of an offence
Criminal Conspiracy (Ss 120A & 120B)
•When more than one persons agree to do an illegal act or a legal act by illegal means, it is Criminal Conspiracy
CLASSES OF OFFENCES
•Offences against State – 121 to 130
–Waging war and sedition
•Offences relating to Army, Navy and Air Force – 131 to 140
•Offences against public tranquility – 141 to 160
–Unlawful assembly, rioting
•Offences by or relating to public servant – 166 to 171
•Offences relating to Elections – 171 A to 171 I
•Contempt of lawful authority of public servants – 172 to 190
–Obstructing public servant in discharge of his duty, refusing to take oath, to answer questions or sign statements etc.
•False evidence and offences against public justice – 191 to 229
–Giving or fabricating false evidence, destroying evidence, harboring offenders etc.
•Offences relating to coins and Government stamps – 230 to 263-A
•Offences relating to weights and measures – 264 to 267
•Offences affecting public health, safety, convenience, decency and morals – 268 to 294-A
–Various forms of Public nuisance
•Offences relating to religion – 295 to 298
•Offences affecting human body – 299 to 377
–Culpable homicide, murder, dowry death, hurt and grievous hurt, kidnapping and abduction, rape
•Offences against property – 378 to 462
Theft, extortion, robbery, dacoity, criminal misappropriation, criminal breach of trust, cheating, mischief and trespass
•Offences relating to documents and property marks – 463 to 489-E
•Criminal breach of contract of service – 490 to 492
•Offences relating to marriage – 493 to 498
•Cruelty by husband or relatives of husband – 498-A
•Defamation – 499 to 502
•Criminal intimidation, insult and annoyance – 503 to 510