SEMESTER IV LAW OF CRIMES (I.P.C)

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1 SEMESTER IV LAW OF CRIMES (I.P.C) Unit-I: Introduction to Criminal Law - Concept of Crime - Elements of Crime - Stages of Crime - Mens rea & Strict liability Unit-II: General Exceptions (Factors negativating guilty intention) - Mistake of Fact & Mistake of Law - Necessity - Insanity - Infancy - Private Defence Unit-III: Constructive Joint Criminality - Common intention - Common Object - Offence against Public Tranquility. - Abetment - Criminal Conspiracy Unit- IV: Offences against State - Sedition - False evidence. Unit-V: Offences against human body - Culpable Homicide - Murder - Rarest of rare test for death sentence. - Hurt, Grievous Hurt - Wrongful restraint, wrongful confinement - Kidnapping, abduction - Rape. - Unnatural offences.

2 Unit-VI: Offences against property - Theft - Extortion - Robbery & Dacoity - Criminal Misappropriation & Criminal breach of trust. - Cheating - Mischief - Criminal Trespass - House trespass- - House Breaking - Forgery. Unit-VII: Offences relating to marriage. - Bigamy. - Adultery. Unit-VIII: Cruelty by husband or relatives of husband Unit-IX: Defamation. Unit-X: An Introduction to Cyber Crimes Cases to be Studied (i) Actus Reus 1. Airedale NHS Trust v. Bland (1993) AC Bratty v. AG (1963) AC R.V. Pagett (1983) 76 Cr. App R.V. Blane (1975) 1 WLR S.S. 32, 33 IPC 6. Public Prosecutor v. Surayanarayanmoorty (1912) 13 Cr. L.J. 145 (ii) Mens rea 1. R.v. Kingston (1994) 3 AER353 HL 2. D.P.P. v. Smith (1961) HL 3. R.v. Moloney (1985) 1 AER HL

3 4. R.v. Hancock and Shankland (1986) 1 AER R.v. Woolin (1999) 1AC R.v. Caldwell (1981) 1 AER HL 7. R.v. R& G (2003) U.K. 50 HL (iii) Concurrence or coincidence of actus reus and mens rea 1. Att. General s Reference (1997) 3 AER 936 HL 2. R.V. Church (1965) 2 AER R.v. Le Brun (1991) 4 AER Thabu Meli v. R. (1954) 1 All ER 373 P.C. 5. Palani Goundan v. K.E. (1919) 42 Mad. (FB) Gour Gobindo Thakur v. KE 6 WR 55 (1866) (iv) Criminal Liability (Implied Exclusion of men rea) 1. R.v. Prince (1875) HL Recent decisions of the HL, B (a minor) v. DPP (2001), 1 AER 833 HL and R.v. K (2001)3 AER 897 HL that ruled out implied exclusion of mens rea, but also expressly overruled R v. Pr ince (1875) 2. R.v. Tolson (1893) HL 3.Sherrazz v. De Rutzen (1895) HL 4. Sweet v. Parsley (1969) 1 AER 5. Lim Chin Alik (1963) AC State of Maha v. Mayor Hans George AIR 1965 SC, Nathulal v. State AIR 1966 SC 43 (v) Group Liability / Parties to Crimes or Complicity in Crimes 1. Barendra K. Ghosh v. K.E. AIR 1925 PC.1 2. Mahbub shah v. K.E. AIR 1945 PC Pandurang v. State AIR 1955 SC Hem Raj.v. State AIR 1990 SC Musakhan v. State AIR 1976 SC Nanak Cand v. State AIR 1966 SC 7. Muthu Naiker v. State AIR 1978 SC Dhanna v. State 1990 SCC (Cri) Sarvanam v. State 2005 Cr. LJ 117 (SC)

4 (vi) Cases on Abetment 1. Abhayanand Mishra v. State AIR 1961 SC Asargarali Pradhania v. Emp AIR 1933 Cal State v. Mohd. Yakub (1980) 3 SCC R.v. O Toole (1987) Cr. L.R R.v. Shivpuri (1987) AC 1 (HL) (vii) Cases on General Exceptions 1. Basdev v. State AIR 1956 SC Vishwanth v. State AIR 1960 SC Amzad Khan v. State AIR 1952 SC Deo Narian v. State AIR 1971 SC 5. Kishan v. State AIR 198 SC (vii) Cases on offences against human body Cases on homicides 1. R.v. Govinda 1 LR (1876) 1 Bom Virsa Singh v. State AIR 1958 SC Rajwant Singh v. State AIR 1966 SC 4. Jayaraj v. State AIR 1976 SC K.H. Nanawati v. State AIR 1963 SC 6. R.v. Ahluwalia (1992) 4 All. ER 889 (viii) Relevance of death sentence in modern world. 1.Jagmohan Singh Vs State of Uttar Pradesh,A.I.R 1973 SC Bachan Singh Vs State of Punjab, A.I.R 1980 SC Rajendra Prasad Vs State of U.P( 1979) 3 SCC Machhi Singh Vs State of Punjab, A.I.R 1983 SC Laxman Nayak Vs State of Orissa, A.I.R 1995 SC Kehar Singh Vs Delhi Administration, A.I.R 1988 SC 1983.(Indira Gandhi murder case) 7. State of Maharastra Vs Sukhdeo Singh, A.I.R 1992 SC 2100.(General A.S Vaidya murder case) 8. Narayan Chetanram Choudhary Vs State of Maharastra, A.I.R 2000 SC State CBI/SIT Vs Nalini, 1999 SC 60.(Rajib Gandhi Assassination case) 10. Dhananjaya Chatterjee Vs State of West Bengal, A.I.R 2003 SC. (viii) Cases on kidnapping and abductions 1. S. Vardarajan v. State AIR 1965 SC 942

5 2. T.D. Vadgama v. State AIR 1973 SC Shobha Rani v. Madhukar Reddy AIR 1988 SC Pratibha Rani v. Suraj Kumar AIR 1986 SCC 628 (IX) Cases on rape and custodial rape. 1. Gurmit Singh Vs State of Punjab, A.I.R 1996 SC Tukaram Vs State of Maharastra, A,I,R 1979 SC State of Andhra Pradsesh Vs Gangula Satya Murty, A.I.R 1997 SC (x) Cases on Bigamy and Adultery. 1. Gopal Lal Vs State of Rajasthan, A.I.R 1979, SC Bhaurao Shankar Lokhande Vs State of Maharastra, A.I.R 1965 SC Soumitri Vishnu Vs State of Union of India. A.I.R 1985 SC (XI) Cases on Cruelty by husband or relatives of husband. 1.P. Satyanarayana Vs Soundaravalli A.I.R 1988 Cr.L.J 1538 (AP) 2. Inder Raj Malik Vs Sunita Malik (1986)Cr.L.J (XII) Cases on Defamation. 1. Sahib Singh Mehera Vs State of U.P 2. Harbhajan Singh Vs State of Punjab A.I.R 1966 SC 97.

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