1st Semester LLB Unitary - Law of Crimes I - Notes, Question Papers and Syllabus
CP-05 LAW OF CRIMES I
Subject shall be taught by incorporating Indian Penal Code, 1860 (IPC), Bharatiya Nyaya Sanhita, 2023 (BNS), relevant laws and amendments, case laws and the recent developments.
Unit I
Definition of Crime – Concept of crime – Morality – Difference between crimes and civil wrongs – Theories behind the necessity of criminal laws – Classification of offenses – Theories of punishment – Types of Punishment – Purpose of punishment – Alternative forms of punishment (including Community Service) introduced by BNS – Sentencing policy – Proportionality of punishment to the crime – Types of criminal justice systems
Unit II
Elements of Crime – Actus Reus – Action and Omission – Causation: Link between act and harm caused – Mens Rea – Intention, Knowledge, Recklessness and Negligence – Differences in degrees of liability – Principles of Criminal Responsibility – Doctrine of Strict Liability – BNS Clarifications on Criminal Intent and Responsibility – Joint Liability and Common Intention – Section 34 IPC: Acts done by several persons in furtherance of a common intention – Application of Joint Responsibility under BNS – Vicarious Liability – vicarious liability provisions in BNS – General Exceptions to Criminal Responsibility – Mistake of Fact, Accident, Insanity, Intoxication, Consent, etc.
Unit III
Abetment – Its application in Digital Crimes – Preparation and Attempt – Criminal Conspiracy – Understanding conspiracy and its role in complex crimes – Expanded scope under BNS to include cybercriminal activities – Criminal Intimidation – Threatening actions and consequences – Provisions under BNS for intimidation via social media.
Unit IV
Waging War Against the State – Acts of sedition and related offenses – Terrorism and related crimes under BNS – Unlawful Assembly, Rioting, and Affray – Mob violence and lynching under BNS – Organised crime
Unit V
Giving and Fabricating False Evidence – Perjury – False Statements under Oath – Tampering with digital evidence – Causing Disappearance of Evidence – Digital evidence under BNS – Harboring Offenders – Assisting offenders in evading law enforcement – Expanded coverage under BNS to include modern methods of communication