Criminal Law: Definition, Principles, Types and Concepts

Legal Studies
Criminal Law: Definition, Principles, Types and Concepts

Criminal Law: Definition, Principles, Types and Concepts

Ritika JonwalUpdated on 11 Nov 2024, 01:16 AM IST

What is Criminal Law?

Criminal Law in India is an important part of our legal system. It has been structured in a way to maintain public order and safety by defining criminal offences and prescribing punishments for them. Initially, it was governed by the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872. Further, it has covered various range of offences from crimes like theft and assault to more grave crimes like murder. The IPC lays down the offences and their penalties, on the other hand, CrPC has provided procedural laws for investigation, prosecution, and adjudication. It always makes sure that the due process and fair trial have been done. Subsequently, the Indian Evidence Act gives the rules and regulations for the admissibility of evidence in criminal trials. The reforms happened recently in the year 2023. It is inclusive of the introduction of the new criminal law bills which includes Bharatiya Nyay Sanhita (BNS), that aimed to modernise and replace the colonial-era IPC, reflecting contemporary societal values and legal principles. These laws collectively aim to deter criminal behaviour, protect individual rights, and uphold justice in society.

The Importance of Criminal Law

Criminal Law is considered to be the most essential subject to study for law aspirants who are preparing for competitive exams in India. As it creates a foundation for both legal studies and practice. Criminal Law has governed the conduct of the citizens throughout the years. This is done by the state by forbidding an act because it harms society. Further, it is done by outlining the penalties and mechanisms for justice. Also, it helps law students to have an understanding of crime, justice, and enforcement, which is crucial in building a legal career. Subsequently, a strong hold on this subject is important for success in competitive exams like CLAT, AILET, and judiciary exams. Because legal reasoning and knowledge of core laws are important to gain high marks in exams. Here, is the importance of criminal law:

Foundation of Legal Knowledge: Criminal Law is one of the ancient branches of law, becoming a foundational bedrock for the understanding of wider legal concepts. Expertise in this subject makes sure that a solid legal foundation becomes important for solving difficult legal questions.
Application in Competitive Exams: Competitive exams test candidates’ knowledge of criminal law. It is inclusive of key provisions of the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and landmark judgments. Knowing this subject increases the chances of performance in both legal reasoning and general knowledge sections.
Relevance in Legal Practice: Criminal litigation, one of the many legal careers that requires understanding criminal law, is essential for those lawyers who aspire to pursue litigation in courts or do the job as public prosecutors, defence lawyers or judges.
Understanding Social Justice: Criminal law works as a key procedure for maintaining social order and protecting individuals’ rights. For any law aspirant, knowing this law is important in comprehending the balance between state authority and individual freedom and liberty which is a fundamental principle of any legal system.

Difference Between Criminal Law and Civil Law

The are major two different distinctions of laws that exist are Criminal Law and Civil Law. The difference between them exists mainly in their purpose/objective. Firstly, when we see criminal law it aims to deal with the crimes which are done against the state or the society combinedly. Further, it does so by the way of punishing criminals for crimes. However civil law is different from criminal law because it focuses on dispute resolution that has between parties. In civil law compensation or restitution for harm caused has been used to restore the status of harmed parties. The most common example of that is in cases of breach of contract or property disputes.

Criminal Law Syllabus

The syllabus for Criminal Law in India is important for law aspirants to prepare for competitive exams. As it covers various topics from the fundamentals of the criminal legal justice system. It is inclusive of core principles like Mens Rea and Actus Reus to detailed provisions under the Indian Penal Code (IPC) such as theft, robbery, dacoity, and offences like dowry death, domestic violence, and sexual assault. On the other hand, it deals with various criminal acts. It also lays down different theories of punishment, including deterrent, retributive, and reformative approaches. Subsequently, it talks about complex issues such as culpable homicide vs. murder, capital punishment, and unsoundness of mind. Studying these topics is crucial for law aspirants to score and clear the competitive exams. Because it forms an important part of both legal knowledge and reasoning. Here is the syllabus of criminal law:

Brief Description of Chapters in Criminal Law

Extortion: Under the Indian Penal Code, extortion is defined as the act of intentionally instigating fear of injury or harm in the mind of a person to gain property, money or valuable items. It is different from theft or robbery as the property is delivered voluntarily which is different from duress or coercion. In IPC, section 383 talks about extortion while section 384 tells about the punishment of the offence which can extend up to three years of imprisonment or fine or both. Studying the legal details of extortion is important for law aspirants as it has been frequently asked in competitive exams. Hence, it requires a strong hold on its definition, key elements and its difference from related offences.

Domestic Violence Act, 2005: The Domestic Violence Act, of 2005 is an important legislation in India focusing on the protection of women from domestic abuse and violence within the house. This law deals with physical, emotional, sexual, verbal, and economic abuse, and extends protection. Further, it is not only limited to wives but it also includes mothers, sisters, and live-in partners. It gives us the right to reside in a shared household, orders for protection, monetary relief along custody of children. For any law aspirants, studying the scope and application of this act is important. As it is considered an important part of criminal law exams. As it reflects the growing attention on human rights and gender justice in India.

IPC: Offences Relating To Documents And Property Marks: Offences Relating to Documents and Property Marks in IPC deal with crimes which include forgery, falsification, and deception through documents and counterfeit property marks. Chapter XVIII of the IPC deals with these offences. An offence such as forgery (Sections 463-471) is inclusive of the creation of false documents with intent to deceive. Further counterfeiting property marks (Sections 482-489) are those crimes which deal with the use of fraudulent marks on property to mislead buyers or owners. Subsequently, these offences are important for the protection of the authenticity of the documents. Along with preventing fraud making them an important part of the criminal syllabus for exams. Studying these provisions is important for aspirants which can help them analyse crimes related to forgery and document-related fraud.

Capital Punishment: Capital punishment is also known as the death penalty. It has been an important part of the syllabus in criminal law in India. As it deals with the legal structure for the most severe form of punishment. It has been primarily governed by the IPC and CrPC. Further, it has been limited to the most heinous and gravest crimes inclusive of murder, terrorism etc. This syllabus covers the most important topics such as the constitutional validity of capital punishment, the criteria for its imposition and landmark judgements which have helped in shaping its applications. The major judgement has been Bachan Singh v. State of Punjab which has shaped the capital punishment having a major impact. Studying these principles behind capital punishment is important and is inclusive of deterrent and retributive theories for any law student. As it deals with the ongoing debate between justice, morality, and human rights within the legal system.

Criminal Conspiracy: Criminal conspiracy is defined as the agreement between two or more persons to commit an illegal act or legal act through illegal means. It has been made punishable under Section 120A of IPC. The main essence of this offence has been the intention to commit an unlawful act. It does not depend on whether the crime is committed or not. A major key aspect of criminal conspiracy is that the presence of the agreement itself is a crime. Making it possible for the prosecution of an individual though if the act fails to get executed. Studying it in detail becomes crucial for any law aspirant as it has been asked frequently in the exams.

Dowry Death: Dowry Death is considered a grave offence under Indian law. Particularly, section 304B of IPC deals with it. It has been defined as the death of a woman caused by any bodily harm or under suspicious circumstances within 7 years of marriage. In such circumstances, it has to be shown that death has some connection with the demand for dowry. This law focuses on protecting women from the social evil of dowry-related cruelty and violence. It reflects the law’s commitment to addressing gender-related violence. For law students, studying the legal structure related to dowry death is important for having a hold on the intersection of criminal law and social justice.

Difference between Culpable Homicide and Murder: The difference between culpable homicide and murder is in the level of intention and gravity of the act committed. Culpable Homicide (Section 299 of the IPC) has been defined as the act of causing death to kill or cause bodily harm but without pre-planning of killing. On the other hand, murder (Section 300 of the IPC) requires the involvement of a higher degree of intention in which the act is committed having an intention or knowledge that this act will likely cause the death of the victim. The difference largely lies on the axis of the presence of “grave and sudden provocation” and the level of intention involved.

Difference between Crime and Tort: The main difference between crime and torts is in their nature and the consequences it has. A crime is an offence which is considered against the whole society and has been made punishable by the state. It further involves the breach of public law. On the other hand, tort is considered a civil wrong in which harm is caused or loss has been caused to an individual resulting in a demand for compensation. Though criminal law revolves around punishment while torts primarily aim to provide remedy or compensation to the injured party. Studying this difference is important for law students as it tests both aspects of liability and justice.

Mens Rea and Actus Reus: Mens Rea and Actus Reus are foundational concepts for criminal law. As it forms the basis for the criminal liability. Mens Rea has been defined as the guilty mind or the intention behind the committing a crime. On the other hand, Actus Reus is referred to as the physical act which has resulted in any offence. Both elements are required to establish a crime as they create a difference between intentional wrong committed and accidental harm. Studying these concepts is important for any law student as it has been often asked in exams.

Deterrent Theory of Punishment: The Deterrent theory of Punishment tries to demotivate criminal behaviour by the imposition of severe penalties to create fear of punishment in the mind of an individual so that it can prevent the commencement of crime. In Indian criminal law, this theory always plays an important role in maintaining public order through the examples of the criminals that have been presented before others. For law aspirants studying this theory becomes important as it is foundational for the debates on the effectiveness of severe punishments in reducing crime rates.

Retributive Theory of Punishment: The Retributive theory of Punishment has been founded on the principle of an “eye for an eye” in which the punishment is seen as a form of moral revenge against the criminal. It aims at the idea that offenders deserve to go through the same level of suffering as to the harm caused by them. It focuses on justice and deterrence ignoring rehabilitation. In the context of Indian criminal law, this theory has been seen in many severe punishments in various gravest crimes to ensure that offenders face the same level of suffering for their wrongs committed. Therefore the restoration of moral balance in society. Studying this theory is important for law students as it is key for various discussions and judgments.

Unsoundness of mind: Under Indian criminal law, unsoundness of mind is an important defence for the acquittal from criminal liability. Under IPC, section 84 says that an individual who at the time of committing a criminal act is incapable of understanding the nature of the act because of his mental illness can be held liable for the crime. This section gives us the legal principle that intention i.e., Mens Rea is important for criminal liability. A person without sound mental capacity then intention cannot be established. For competitive exams, studying the legal criteria and landmark cases around unsoundness of mind is important.

Sections related to Sexual Assault - IPC Section 354: Section 354 of the IPC talks about the offence of assault done against a woman to outrage her modesty. This section is important for protecting women's dignity and personal autonomy. It defines the criminal acts that are inclusive of inappropriate touching, harassment, or any act that can be seen as an affront to a woman’s modesty. Further, the section tries to highlight the consequences of such offences. Making sure that victims in such scenarios have resources for justice and reinforcing the societal norm and sexual harassment. Studying this section is important for law aspirants as it is a crucial part of women's rights within the framework of Indian criminal law.

Reformative Theory of Punishment: The reformative Theory of punishment focuses on the rehabilitation of the criminal in place of focusing on giving harsh punishment. It aims to change the criminal’s mind and his behaviour by different means including education counselling and skill building. Further, it also aims to reintegrate the criminals into the society as normal citizens. Therefore, this theory contemplates the belief that a person can be reformed if given a second chance. It has been often considered in cases where the criminal is a minor or first-time offender. It is an important concept in criminal law which helps in balancing justice with a chance of personality reform.

Section 498 A - Cruelty Caused by Husband: Section 498A of IPC aims to deal with the cruelty done by a husband or any of the relatives on the woman that may force her to suicide or cause severe injury to her mental or physical health. It has been introduced to protect women from harassment in relation specifically to unlawful demand for dowry. It has further denied cruelty broadly which is inclusive of both physical and mental abuse. The punishment that can be given for this offence is imprisonment for up to three years along with a fine. This provision is important for addressing domestic violence cases. Studying its scope is important for law aspirants who are preparing for competitive exams.

Culpable Homicide & Murder: The degree of purpose and seriousness of the crime performed distinguish culpable homicide from murder. The act of inflicting death with the purpose of killing or causing bodily damage but without prior intention to murder is known as culpable homicide (Section 299 of the IPC). However, murder (as defined by Section 300 of the IPC) calls for a greater level of intention, meaning that the act must be performed with the knowledge or purpose that the victim would most certainly die as a result of it. The distinction mostly revolves on the degree of purpose involved and the existence of "severe and sudden provocation."

Types of Punishment under IPC: The IPC gives five main types of punishments for offences and those five are death penalty, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, and fine. These punishments deal with various purposes inclusive of the deterrence, retribution, and reformation of offenders. Studying these types and their applications is important for law aspirants. Because it forms the foundational basis of sentencing and penal provisions under the IPC. It is often tested in competitive exams.

Preventive Theory of Punishment: The Preventive Theory of Punishment under IPC aims to prevent future crimes by incapacitating offenders. It further deals with protecting society by cutting down the criminals from public interactions. It has been done by imprisonment or other preventive measures which make sure that they cannot further commit any criminal offences. The theory specifically is less concerned with retribution and more with the practical application of actions which can prevent crimes. It makes a key concept in the broader understanding of criminal punishment for the law aspirants.

Unnatural offences under the IPC Section 377: Unnatural offences under section 377 of the IPC have made sexual acts which are considered against the order of nature to be criminal. It was earlier also included same-sex relations till the Supreme Court struck down it in the judgement of Navtej Singh Johar v. Union of India (2018). This landmark judgement has decriminalised homosexual acts between adults which are consensual. It has been considered a major step towards LGBTQ+ rights in India. While the provision still applies to the non-consensual acts or acts which involve minors or bestiality which makes it a topic of utter importance in studying the evolving nature of criminal law.

Private Defence under IPC: Private Defence under IPC allows an individual to protect their selves or their property from any immediate harm without intervention from any law enforcement agency. In IPC, section 96 or 106 lays down the right to self-defence. It is inclusive of the justifiable use of force in response to the threat to life, personal liberty and property. Further, it says that the use of force must be proportional to the threat. Studying the limits and conditions of this right is important for law students as it has frequently appeared in the legal reasoning questions in competitive exams.

Section 497 - Adultery Law in India: Section 497 of the IPC has initially made adultery a criminal act. It means that it has penalised an act done by the man who engaged in sexual relations with a married woman without her husband’s consent. But, in 2018, the Supreme Court in the case of Joseph Shine v. Union of India struck down this section calling it unconstitutional for being violative of gender equality and individual freedom. Now, adultery has become a civil matter which is more relevant in divorce proceedings. Studying this legal evolution is crucial for law aspirants because it reflects the dynamic nature of criminal law.

Private Nuisance under IPC: Private Nuisance under IPC is considered to be unlawful interference with any other person’s use or enjoyment of their property. It has been done without any actual trespass. Further, it specifically involves acts that cause harm, inconvenience or discomfort to any individual in the exercise of their private rights. On the other hand, it has not been directly defined in IPC but it is still recognised through different civil liability and linked to sections which deal with public nuisance. Studying these concepts helps law students to answer the questions asking the distinction between public and private rights which is often tested in exams.

IPC Section 121 to 123: Sections 121 to 123 in the IPC talk about offences related to waging war against the Government of India. Section 121 punishes anyone who wages war or attempts or abets the waging of war against the state with life imprisonment or death. Further, section 122 deals with the preparation done to wage war, on the other hand, section 123 penalises the person who conceals the existence of a plan to wage war. All these sections are important to understand crimes against crime against the state. It has been often tested in competitive exams.

Difference between Hurt and Grievous Hurt: The Difference between Hurt and Grievous Hurt under IPC is based on the severity of the injury inflicted. Firstly, section 319 talks about hurt which is defined as causing bodily pain, disease or infirmity to any person. Section 320 tells about the more severe injuries which include loss of a limb or causing of fracture or permanent disfigurement etc. Studying this difference is important for law students as it has a major impact on the legal implications and penalties.

Criminal Breach of Trust: Criminal Breach of Trust has been defined in section 405 of IPC. It is defined as an act when a person who has been entrusted with property or with dominion over it has dishonestly or misappropriately converted it for his use. Therefore violating the trust placed in him. Further, it differs from the offence of theft as a criminal breach of trust involves the breach of fiduciary responsibility rather than taking property without consent. For law students studying these nuances of crime is an important part of their preparation for competitive exams.

Theft, Robbery and Dacoity under IPC (Section 378, 390, 391): Theft, robbery, and dacoity all are different offences under the IPC all of them carrying varying degrees of severity. Theft under section 378 deals with dishonestly taking someone’s property without having his consent. On the other hand, robbery under section 390 happens when theft or extortion is combined with violence or threat to cause harm. Section 391 deals with dacoity which is a more serious crime which involves 5 or more people committing robbery. Studying these differences becomes important for any law aspirants as these topics form a basic part of the criminal law syllabus.

Kidnapping & Abduction under IPC (Section 359 to 374): Kidnapping and abduction under IPC has been given under Sections 359 to 374. It deals with the unlawful or enticing of any person against their own will. Starting with section 359 gives about kidnapping into 2 different types, firstly kidnapping from India and secondly, kidnapping from lawful guardianship. Further, sections 360-362 tell us about the offences in depth giving the difference between kidnapping and abduction with the second mentioned requiring the involvement of force and deceit. Further, the offences like forced labour and trafficking have been addressed in other sections. Studying these sections has become crucial for law aspirants as it questions these topics which frequently appear in the exams.

General Principles of Criminal Law: The General Principles of Criminal Law lays down the foundational understanding of how criminal liability under criminal law is established under the legal system. These key principles include important concepts like Mens Rea (guilty mind) and Actus Reus (guilty act), which must coexist for a crime to occur. Further, it covers important aspects like consent, intention, and the various stages of crime, from planning to execution. Having expertise in these principles is important for law aspirants as they are often asked in examinations.

Stolen property: In criminal law stolen property means any property which has been acquired illegally by the way of theft, robbery, or any other unlawful means. Further, according to section 410 of IPC, it is inclusive of property which has been taken dishonestly or retained or transferred. Studying the legal definitions and their consequences concerning stolen property is important for law aspirants.

Meaning, Examples, types, Defences and exceptions: Studying the meaning, examples, types, defences and exceptions of offences is important for law aspirants in criminal law. For example, the crime of theft has been defined as dishonestly taking someone else's property without consent. Its examples include pickpocketing or shoplifting. Further, the types of theft-related crimes are inclusive of robbery, dacoity, and criminal breach of trust and each has its technicalities. Subsequently, defences include unsoundness of mind, consent, and self-defence which can acquit anyone from certain criminal liability. On the other hand exceptions such as accidents given under Section 80 of IPC lay down legal justification under specific conditions. Therefore it becomes an important concept for exam preparation.

Meaning and Ingredients: Studying the meaning and ingredients of crime is foundational to establishing any type of liability under criminal law. The word meaning can be understood as the particular definition of crime which has been provided in statutes. On the other hand, ingredients are essential elements that are required to be present to prove a conviction. Generally, this requires both the actus reus (the physical act), mens rea (the mental intent), and any additional requirements mandated for that particular offence. Having expertise in these concepts allows law students to properly analyse and understand the technicalities of criminal liability. That becomes important for competitive exams.

Different stages of crime Intention: The different stages of crime start with intention becoming an important topic to understand how we can find out criminal liability. Intention is generally defined as the mental resolve or purpose of the criminal behind committing any crime. It is considered as the first stage of any crime. Subsequently, it has been followed by preparation, attempt, and finally, the commission of the crime. Studying the importance of each stage helps the aspirants to differentiate between what are just thoughts and what are punishable actions under the law. It has been often asked in the competitive exams. Hence, it becomes crucial for the law aspirants.

Outraging modesty of women: Outraging modesty of a woman has been given under Section 354 of IPC which defines it as any act that assaults or uses criminal force against a woman to outrage the modesty of a woman. Further, this section aims to protect the dignity and integrity of women by providing offenders with the punishment of imprisonment, fines or both. For any law aspirants, it becomes important to read this provision as it has been commonly asked in competitive exams.

Abetment under IPC: Abetment under IPC has been defined as the act of instigating, aiding, or conspiring to commit a crime. It has been covered under sections 107-120 of IPC, in which abetment has been said to have three main parts, i.e., instigation, conspiracy, and intentional assistance. For law aspirants studying the complexities of the abetment is important to highlight how any individual can be held liable for an offence which he has not directly committed but has a major role in its commission. This is a concept which has been often tested in competitive exams.

Consent in Criminal Law: Consent in Criminal Law has been referred to as voluntary agreement or permission given by a person for an act that otherwise would be illegal. For consent to be considered valid, it must be free from coercion, deception or undue influence. In criminal law specifically IPC lack of valid consent plays an important role in finding out the criminal liability of the accused. Studying this concept is important for law aspirants.

Sedition: Section 124A of IPC talks about sedition which has been referred to as any act or speech that incites hatred, disaffection, or contempt against the government of India. It requires the involvement of words, signs, or visible representations that create public disorder or incite violence. It further remains a contentious legal issue which has been surrounded by several debates discussing its effect on free speech and its relevance in the contemporary world. For any law aspirants, it becomes important to study sedition in-depth for its relevance in democratic society.

Accident under IPC Section - 80: An accident is defined as an unexpected, unfortunate event that happens by chance and has no apparent reason. It is regarded as one of the broad defences available under criminal law for the absence of mens rea, which is a necessary component of criminal intent at the moment of conduct. An act by itself, committed without malice, is not a crime. Nothing done by accident or misfortune, and without any criminal purpose or knowledge while carrying out an authorised act in a lawful way by lawful methods and with appropriate care and caution, is considered an offence, according to this clause.

Infancy in Criminal Law: Infancy in Criminal Law has been referred to as a legal doctrine which exempts children from criminal liability. It has been allowed under a few conditions because of their age and on the presumption that they have a lack of understanding of the consequences of their actions. Under section 82 of IPC, children below the age of seven are considered as deemed incapable of committing a crime. Children between the ages of seven to twelve have been provided conditional immunity in the situation when the child lacks sufficient maturity to understand the nature of the act under section 83. This concept is important in finding out criminal liability in cases involving minors.

Affray in Criminal Law: Affray in Criminal Law has been given under section 159 of IPC as an act of two or more persons engaging in a public fight that disturbs the peace. It is different from assault which happens in private space. Affray particularly disrupts public order making it a punishable offence under section 160. For law students studying affray is important as it focuses on the importance of maintaining public peace.

Frequently Asked Questions (FAQs)

Q: What are the types of crime?

The types of crime include felonies, misdemeanours, infractions, white-collar crimes, violent crimes, property crimes, and cybercrimes.

Q: What is CrPC in Law?

The Code of Criminal Procedure (CrPC) is a law in India that lays down the procedures for the administration of criminal justice.

Q: What is crime in IPC?

Crime is an act or omission that is forbidden by law and has been made punishable by the state under the various provisions of IPC.

Q: What is India’s new criminal law?

Bharatiya Nyaya Sanhita Bill, 2023 (replacing the IPC), Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (replacing CrPC), and Bharatiya Sakshya Bill, 2023

Q: What is called criminal law?

Criminal law is the law that gives definition for crimes and prescribes punishments for them regulating the enforcement of laws to maintain public order and justice.

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