This document provides definitions and introductions to key concepts in criminal law, including vice, sin, tort, crime, mens rea, actus reus, and types of crimes. It also summarizes several important laws governing criminal justice in India such as the Indian Penal Code of 1860, the Criminal Procedure Code of 1973, the Indian Evidence Act of 1872, and the Constitution of India from 1949. The document outlines the chapters, sections, and subject matter covered by each law.
2. Definitions:
Vice
A vice is a habit which is regarded as a weakness in someone's
character, but not usually as a serious fault.
Immoral or wicked behaviour.
Vice is a practice, behaviour, or habit generally
considered immoral, sinful, criminal, rude, taboo, depraved, or
degrading in the associated society. In more minor usage, vice can
refer to a fault, a negative character trait, a defect, an infirmity, or
a bad or unhealthy habit (such as an addiction to smoking).
3. Sin
an immoral act considered to be a transgression against divine law.
4. Tort
Unlawful, wrongful act or infringement of a right leading to legal disability.
Something you do or fail to do which harms someone else and for which you can be
sued for damages
Legal definition: a civil wrong arising from an act or failure to act, which can cause a
personal injury or property damage.
Example: negligence and accidents
5. Tort cont…..
Civil wrong
Civil proceedings in civil court
Appropriate remedy : compensation
The injured starts action
Guilty intention is not required
Burden of proof lies with injured
Civil law is not codified
Latest branch of law
Natural principles of law is followed
6. Crime
Paul W. Tappen
"An intentional act or omission in violation of criminal law,
committed, without defense or justification and sanctioned by law as
felony or misdemeanor.“
Stephen
"Crime is an act which is forbidden by law and revolting to the
moral sentiments of the society".
Sir William Blackstone
"an act committed or omitted in violation of Public Law forbidding or
commanding it".
7. Crime cont…..
Felony
more serious crimes such as murder, kidnapping, and robbery
Carries a year or more in state prison
Misdemeanor
Less serious crimes such as shoplifting or a DUI
Usually carries a fine and jail sentence of less than a year, if at
all.
8. Elements of Crime
Mensrea "a guilty mind” guilty intention
Actusreus "guilty act“ physical act
9. History of Criminal Law
MANU : “DHARMA SUTRAS” Admin of justice, primary function of king,
the law giver, ancient law book. Belief, values, tradition and assumptios
collective wisdom of intellectual
Arthasashtra by koutalya : the rule book
Code of Hammurabi first code maker of Babylon eye for eye : tooth for tooth
Canon Law : presumption of innocence ; opportunity to provide evidence
Sharia Law : Islamic , religious, politics in saudi
Kazi retaliation, blood money , fixed and exemplary punishment, depending upon culprits power : lacks uniformity
IPC : uniform code of penal law, law of land
10. Types of crimes
Offenses against the Person
Offenses against Property
Theft: Larceny, Robbery, Embezzlement, False Pretenses
Offences against nation
White-Collar Crime
Cyber crime
Environmental crimes
11. Indian penal code 1860
lord Macaulay
Indian Penal Code popularly known as IPC is the primary criminal law of
India
Defines crimes and punishments
Substantive law
twenty-three chapters
511 sections, covering different types of offences, penalties, punishments
and exceptions.
five major punishment sections, i.e. death, imprisonment for life, general
imprisonment, forfeiture of property and fine.
12. Criminal procedure code 1973
Criminal Procedure Code can be described as the fundamental
law on the procedure for the regulation of criminal law in India. It
is concerned with the set of rules that administer the series of
proceedings, that take place during a criminal offence.
Procedural law
Lays down the steps that are followed for a criminal case
Thirty seven chapters
484 sections
13. Indian Evidence Act, 1872,
eleven chapters
167 sections
contains a set of rules and allied issues governing admissibility of
evidence in the Indian courts of law.
14. Constitution 1949
Latin word constituere
means to establish to construct to form
later French constitution regularities and orders
Constitution of India means
“A set of fundamental principles or established precedents according to which Indian
state is governed”
It is the mother law (or) basic law (or) fundamental law
Supreme law of the nation
25 parts
448 articles
12 schedule