Вы находитесь на странице: 1из 8

Sub – Law of Crime

Tutorial Questions
Q 1 Explain various Theories of Punishment
Q 2 difference between common intention and common object
Q 3 Define Murder and explain the circumstances when Culpable
Homicide amount to Murder.
Q 4 Explain in detail the Offence of dacoity.
Q 5 Short Notes
A] Kinds of punishment: -
B] write any five general exceptions from the Indian penal code with
suitable example
Q 1 Explain various Theories of Punishment B) RETRIBUTIVE THEORY-
Ans Theories of Punishment (kinds of This theory of punishment is based on the
Punishment under Criminal Law) principle- “An eye for an eye, a tooth for a
SYNOPSIS- tooth”. Retribute means to give in turn. The
1) INTRODUCTION object of this theory is to make the criminal
2) THEORIES OF PUNISHMENT realize the suffering of the pain by subjecting him
1) INTRODUCTION – to the same kind of pain as he had inflicted on
A Punishment is a consequence of an offense. the victim. This theory aims at taking a revenge
Punishments are imposed on the wrong doers rather than social welfare and transformation.
with the object to deter them to repeat the same This theory has not been supported by the
wrong doing and reform them into law- abiding Criminologists, Penologists and Sociologists as
citizens. The kind of punishment to be imposed they feel that this theory is brutal and babric.
on the criminal depends or is influenced by the C) PREVENTIVE THEORY –
kind of society one lives in. The aim of the This theory too aims to prevent the crime rather
different theories of punishments is to transform than avenging it. As per this theory, the idea is to
the law-breakers into law-abiders. keep the offender away from the society. This
2) THEORIES OF PUNISHMENT – criminal under this theory is punished with
The different theories of Punishment are as death, life imprisonment etc. This theory has
follows – been criticized by some jurists.
Deterrent Theory D) REFORMATIVE THEORY –
Retributive Theory This theory is the most humane of all the
Preventive Theory theories which aims to reform the legal
Reformative Theory offenders by individual treatment. The idea
Expiatory Theory behind this theory is that no one is a born
A) DETERRENT THEORY- Criminal and criminals are also humans. Under
The term “Deter” means to abstain from doing this theory, it is believed that if the criminals are
an act. The main purpose of this theory is to trained and educated, they can be transformed
deter (prevent) the criminals from doing the into law abiding citizens. This theory has been
crime or repeating the same crime in future. proved to be successful and accepted by many
Under this theory, severe punishments are jurists.
inflicted upon the offender so that he abstains E) EXPIATORY THEORY –
from committing a crime in future and it would Under this theory, it is believed that if the
also be a lesson to the other members of the offender expiates or repents and realizes his
society, as to what can be the consequences of mistake, he must be forgiven.
committing a crime. This theory has proved Theories of Punishment – Indian Kanoon
effective, even though it has certain defects.
Q 2 difference between common intention and 2
common object Section 34 of According to
Ans Difference between Common the Indian Penal Section 149 of the
Intention & Common Object Code Defines Indian Penal Code If
COMMON INTENTION – Common an offence is
Section 34 of IPC defines Common Intention Intention as, committed by any
Based on Common Intention “When a criminal member of an
In common intention two or more persons are act is done by unlawful assembly
required. several persons in in prosecution of
Each member should have participated in the furtherance of the the common object
act. common intention of that assembly, or
Prior meeting together is not necessary. of all, each of such such as the
Everyone’s liability in common intention is persons is liable members of that
primary. for that act in the assembly knew to
Act should have been done in furtherance of same manner as if be likely to be
common intention. it were done by committed in
COMMON OBJECT – him alone. prosecution of that
Section 149 of IPC defines Common Object. object, every
Based on Common object. person who, at the
In Common object at least five persons are time of the
necessary. committing of that
Merely being a member of that group is offence, is a
sufficient. member of the
Unlawful assembly is necessary. same assembly, is
In common intention liability is always vicarious. guilty of that
Act should be done in prosecution of common offence.
object or known to be likely committed in Number of Minimum numbers
furtherance of teh common object. 3 Persons must be of Person must be
OR more than one. five to constitute an
Ans Difference between Common Intention unlawful assembly.
and Common Object In Common Prior meeting of
4 Intention, prior Mind is not
Common Common meeting of Mind is necessary.
Intention Object essential.

Meaning: Meaning:
1 Criminal act is Five or more 5 All persons All persons may or
done by several persons commit involved in the may not be equally
persons in offence in Commission of liable.
furtherance of prosecution of offence shall be
Common intention common object. equally liable
Definition: Definition:
Q 3 Define Murder and explain the Culpable homicide is Murder - if the act by
circumstances when Culpable Homicide which the death is caused is done with the
amount to Murder. intention of causing death, or-
Ans: Murder is the unlawful killing of a human 2ndly.-If it is done with the intention of causing
being with malice aforethought. Every murder such bodily injury as the offender knows to be
perpetrated by poison, lying in wait, or any likely to cause the death of the person to whom
other kind of wilful, deliberate, malicious, and the harm is caused. or-
premeditated killing; or committed in the 3rdly.-If it is done with the intention of causing
perpetration of, or attempt to perpetrate, any bodily injury to any person and the bodily
arson, escape, murder, kidnapping, treason, injury intended to be inflicted is sufficient in
espionage, sabotage, aggravated sexual abuse the ordinary course of nature to cause death,
or sexual abuse, child abuse, burglary, or or-
robbery; or perpetrated as part of a pattern or 4thly.-If the person committing the act knows
practice of assault or torture against a child or that it is so imminently dangerous that it must,
children; or perpetrated from a premeditated in all probability, cause death, or such bodily
design unlawfully and maliciously to effect the injury as is likely to cause death, and commits
death of any human being other than him who such act without any excuse for incurring the
is killed, is murder in the first degree. risk of causing death or such injury as
Culpable Homicide under section 299 - aforesaid."

Whoever causes death by doing an act with the


intention of causing death, or with the intention
of causing such bodily injury as is likely to cause Ingredients -
death, or with the knowledge that he is likely by
such act to cause death, commits the offence of 1. Intention of causing death
culpable homicide. 2. Intention of causing such bodily injury which
is likely to cause death of the person, and this is
Ingredients - known to the offender
3. Intention to cause such bodily injury as is
1. Intention of causing death sufficient in ordinary course of nature to cause
2. Intention of causing such bodily injury as is death of a person
likely to cause death 4 Knowledge that the act done is sufficiently
3. Knowledge that the act done is likely to cause dangerous that in all probabilities it must cause
death. death, or cause such bodily injury which is likely
to cause death, and the act is done without any
excuse to cause death or such bodily injury.
Section 300
Q 4 Explain in detail the Offence of dacoity. five or more, every person so committing,
Ans: According to the Oxford Dictionary, Dacoity attempting or aiding, is said to commit” dacoity”.
means – an act of violent robbery committed by Section 395. Punishment for dacoity. Whoever
an armed gang. There is no difference between commits dacoity shall be punished with
robbery and dacoity except in the number of 1[imprisonment for life], or with rigorous
offenders. Robbery is dacoity, if the persons imprisonment for a term which may extend to
committing robbery are five or more in number. ten years, and shall also be liable to fine.
In Malaysia and Singapore dacoity is termed as Section 396. Dacoity with murder. - If any one of
‘gang robbery ‘. The offence of dacoity consists five or more persons, who are conjointly
in the cooperation of five or more persons to committing dacoity, commits murder in so
commit or attempt to commit robbery. It is committing dacoity, every one of those persons
necessary that all the persons should share the shall be punished with death, or 1[
common intention of committing robbery.1 imprisonment for life], or rigorous imprisonment
On a plain reading of Section 391, IPC it would for a term which may extend to ten years, and
appear that in order that a dacoity can be said to shall also be liable to fine.
have been committed, it is necessary that five or Section 397. Robbery or dacoity, with attempt to
more persons conjointly commit a robbery or cause death or grievous hurt. - If, at the time of
attempt to commit robbery. If a robbery was committing robbery or dacoity, the offender
committed, the dacoits would have the booty uses any deadly weapon, or causes grievous hurt
with them, but if the matter rested only with an to any person, so attempts to cause death or
attempt to commit a robbery there would be no grievous hurt to any person, the imprisonment
question of the dacoits having any booty with with which such offender shall be punished shall
them.2 not be less than seven years.
There are three ingredients in Dacoity: Section 398. Attempt to commit robbery or
The accused commit or attempt to commit dacoity when armed with deadly weapon. - If, at
robbery; the time of attempting to commit robbery or
Persons committing or attempting to commit dacoity, the offender is armed with any deadly
robbery and persons present and aiding must weapon, the imprisonment with which such
not be less than five; offender shall be punished shall not be less than
All such persons should act conjointly. seven years.
The word conjointly refers to united or Section 399. Making preparation to commit
concerted action of five or more persons dacoity. - Whoever makes any preparation for
participating in the act of committing the committing dacoity, shall be punished with
offence. In other words, five or more persons rigorous imprisonment for a term which may
should be concerned in the commission of the extend to ten years, and shall also be liable to
offence and they should commit or attempt to fine.
commit robbery. Section 402. Assembling for purpose of
LEGAL FRAMEWORK committing dacoity. - Whoever, at any time after
Indian Penal Code the passing of this Act, shall be one of five or
Section 391. Dacoity. - When five or more more persons assembled for the purpose of
persons conjointly commit or attempt to commit committing dacoity, shall be punished with
a robbery, or where the whole number of rigorous imprisonment for a term which may
persons conjointly committing or attempting to extend to seven years, and shall also be liable to
commit a robbery, and persons present and fine.
aiding such commission or attempt, amount to
Q 5 Short Notes those persons shall be punished with death
A] Kinds of punishment :- along with other alternative punishments.
Ans The Penal Law of India is the resource of In Bachan Singh v. State of Punjab[AIR 1980
definitions and descriptions of substantive SC 898] hon'ble Supreme Court of India held
offences. It consists of 511 sections specifying that death sentence is to be given only in
different kinds of offences. For these massive rarest of rare cases.
number of offences the punishment prescribed (2) Life Imprisonment
are mainly 5 in numbers. Every offences Living behind the bars are sometimes far more
describes the punishment also. But in general painful than death sentence. It is the most
the division is provided under Section 53 of popular type of sentence after death penalty.
IPC. They are as follows: In most serious offences this type of
The punishments to which offenders are liable punishment is prescribed. Wherever death
under the provisions of this Code are- penalty is prescribed, life imprisonment also
Death; finds a place as an alternative punishment. As
Imprisonment for life there is hue and cry regarding imposing of
Imprisonment both rigorous and simple death penalty, in appropriate cases Courts
Forfeiture of property impose life imprisonment as a safe method.
Fine Some sections which impose Life
Detailed Notes Imprisonment as a penalty are : Sections 194,
(1) Death Penalty 255, 304, 304(B), 305, 307, 311, 313, 314,
It is the most grave penalty imposed by IPC. 326, 329, 364, 364(A), 376, 377, 394, 395,
Many sections still prescribe the punishment of 396, 400, 409, 412, 413, 436, 449, 459, 460,
death. Some of them are as follows: 467, 472, 477, 489A, 489B, 489D and 511.
(a) Offence under Section 194 IPC where a (3) Imprisonment both rigorous and simple.
person gives false evidence with intention to Rigorous imprisonment is of such type where
cause any person to be convicted of capital the convict will have to do hard labour. In
punishment and if an innocent person is many offences the period of imprisonment
convicted and executed in consequence of such varies. In simple imprisonment also the term
false evidence, the person who gives such false of imprisonment varies according to offences.
evidence shall be punished with death or life (4) Forfeiture of Property
imprisonment or rigorous imprisonment and Forfeiture of property is not very common in
fine. IPC. Section 61 which specified sentence of
(b) Offence of murder for which punishment of forfeiture of property has been repealed by
death or imprisonment of life is prescribed Indian Penal Code (Amendment) Act, 1921. In
under Section 302. the present IPC three sections viz 126, 127
(c) Offence of murder committed by life and 129 describes forfeiture of property.
convict as described in Section 303. This (5) Fine
section has been held unconstitutional by the IPC prescribes fine as a penalty both
Supreme Court in Mithu v. State of Punjab independent and along with other penalties.
[AIR 1983 SC 473]. The peculiarity of this The amount of fine varies with offences.
Section is that punishment of death only is Section 63 says that where no sum is
provided. No other alternative punishment is expressed to which a fine may extend, the
seen provided. amount of fine to which the offender is liable is
(d) Offence of abetting suicide of child or unlimited, but shall not be excessive. Sentence
insane person as mentioned in Section 305 IPC for non-payment of fine is also dealt with in
where death is a punishment with other IPC[Sec.64].
alternative punishments. Thus there are various penalties as discussed
(e) In Section 307 when a life convict above which are imposed differently in
attempts to murder and hurt is caused Death different offences. The term, nature, amount
Sentence may be imposed. etc. varies in each cases and offences and also
(f) Kidnapping for ransom as described under according to Courts. Although all types of
Section 364A may be met with punishment of punishments like retributive, reformative,
Death alongwith other alternative preventive, deterrent are provided in IPC it is
punishments. stated that reformative approach to
(g) If any one of five or more-person s who punishment should be the object of criminal
are conjointly committing dacoity, commits law. [AIR 1978 SC 1542].
murder in so committing dacoity, every one of
B] write any five general exceptions such judgment or order remains in force, is
from the Indian penal code with an offence, notwithstanding the Court may
suitable example have had no jurisdiction to pass such
Ans judgment or order, provided the person
Section 76: - Act done by a person bound, doing the act in good faith believes that the
or by mistake of fact believing himself Court had such jurisdiction.
bound, by law Section 79: - Act done by a person
Nothing is an offence which is done by a justified, or by mistake of fact believing
person who is, or who by reason of a himself, justified, by law
mistake of fact and not by reason of a Nothing is an offence which is done by any
mistake of law in good faith believes person who is justified by law, or who by
himself to be, bound by law to do it. reason of a mistake of fact and not by
Section 77: - Act of Judge when acting reason of a mistake of law in good faith,
judicially believes himself to be justified by law, in
Nothing is an offence which is done by a doing it.
Judge when acting judicially in the exercise Section 80: - Accident in doing a lawful act
of any power which is, or which in good Nothing is an offence which is done by
faith he believes to be, given to him by law. accident or misfortune, and without any
Section 78: - Act done pursuant to the criminal intention or knowledge in the
judgment or order of Court doing of a lawful act in a lawful manner by
Nothing which is done in pursuance of, or lawful means and with proper care and
which is warranted by the judgment or caution.
order of, a Court of Justice, if done whilst