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Criminal law
Unit 1
Introduction to criminal law
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).
Sin
 an immoral act considered to be a transgression against divine law.
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
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
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".
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.
Elements of Crime
 Mensrea "a guilty mind” guilty intention
 Actusreus "guilty act“ physical act
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
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
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.
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
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.
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
THANK YOU
ANY QUESTIONS ?
reference
 https://saylordotorg.github.io/text_law-for-entrepreneurs/s09-02-types-of-
crimes.html
 https://keydifferences.com/difference-between-indian-penal-code-ipc-and-
criminal-procedure-code-crpc.html

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VICE SIN TORT

  • 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