LLB · Semester 1 · Paper K-1004
Chaudhary Charan Singh University
“Concept & Stages of Crime”, the complete chapter, exactly as it appears in the full notes.
| New Law (2023) | Replaced | Deals With |
|---|---|---|
| BNS — Bharatiya Nyaya Sanhita | IPC 1860 | Substantive criminal law — what is a crime and its punishment |
| BNSS — Bharatiya Nagarik Suraksha Sanhita | CrPC 1973 | Procedural law — FIR, investigation, trial, bail |
| BSA — Bharatiya Sakshya Adhiniyam | Indian Evidence Act 1872 | Evidence — what and how facts are proved |
| Chapter | Sections | Subject |
|---|---|---|
| I — Preliminary | 1–3 | Title, definitions, general explanations (Sec 3(5) common intention) |
| II — Punishments | 4–13 | Death, life, imprisonment, fine, community service, etc. |
| III — General Exceptions ★ | 14–44 | Mistake, accident, infancy, insanity, intoxication, private defence (34–44) |
| IV — Abetment, Conspiracy, Attempt ★ | 45–62 | Abetment 45–60, conspiracy 61, attempt 62 |
| V — Offences against Woman & Child ★ | 63–99 | Sexual offences 63–73 · criminal force on women 74–79 · marriage-related 80–87 · miscarriage etc. 88–99 |
| VI — Offences Affecting the Human Body ★ | 100–146 | Life 100–113 · hurt 114–125 · restraint/confinement 126–136 · kidnapping, abduction, slavery 137–146 |
| VII — Offences against the State ★ | 147–158 | Waging war 147, endangering sovereignty 152 |
| VIII — Army, Navy, Air Force | 159–168 | Mutiny, abetment of desertion etc. |
| IX — Elections | 169–177 | Bribery, undue influence at elections |
| X — Coins, Notes, Stamps | 178–188 | Counterfeiting (181) |
| XI — Public Tranquillity ★ | 189–197 | Unlawful assembly 189, riot 191, affray 194 |
| XII — Public Servants | 198–205 | Offences by/relating to public servants |
| XIII — Contempt of Lawful Authority | 206–226 | Absconding, non-attendance, obstruction |
| XIV — False Evidence, Public Justice | 227–269 | Perjury, fabricating evidence |
| XV — Public Health, Safety, Decency, Morals | 270–297 | Public nuisance, adulteration, obscenity |
| XVI — Religion | 298–302 | Defiling places of worship, hurting religious feelings |
| XVII — Property ★ | 303–334 | Theft 303–307 · extortion 308 · robbery/dacoity 309–313 · misappropriation 314–315 · CBT 316 · stolen property 317 · cheating 318–319 · deeds 320–323 · mischief 324–328 · trespass 329–334 |
| XVIII — Documents & Property Marks | 335–350 | Forgery 335–344 (339 possession), property marks 345–350 |
| XIX — Intimidation, Insult, Defamation | 351–357 | Criminal intimidation, defamation 356 |
| XX — Repeal & Savings | 358 | IPC repealed |
Blameworthy mental state at the time of the act. The word is not in BNS, but its essence runs through every offence via words like intentionally, knowingly, dishonestly, fraudulently, voluntarily, malignantly.
A voluntary bodily movement (commission) or failure to do what law requires (illegal omission) that causes the prohibited harm — e.g. assault, theft, or not feeding an infant left in your care.
| Basis | Crime | Civil Wrong (Tort/Contract) |
|---|---|---|
| Nature | Public wrong — harms society | Private wrong — harms an individual |
| Meaning | Breach of public law punishable by State | Breach of private right/duty |
| Basis / Parties | State v. Accused (prosecution) | Plaintiff v. Defendant |
| Example | Theft, murder, rape | Breach of contract, negligence |
| Legal Effect | Punishment — imprisonment, fine, death | Compensation / injunction |
| Key Authority | Blackstone / Stephen | Salmond (tort) |
| Basis | Preparation | Attempt |
|---|---|---|
| Nature | Remote step — arranging the means | Proximate step — direct movement towards the offence |
| Meaning | Devising/arranging measures necessary for the crime | Act done in furtherance of intention after preparation is complete |
| Basis | Act has no impact on the victim yet | Act has begun to affect the victim / target |
| Example | Buying poison, carrying a weapon | Mixing poison in the victim’s food and serving it |
| Legal Effect | Generally not punishable | Punishable — Sec 62 or specific section |
| Key Authority | Malkiat Singh v. State of Punjab (1991) | Abhayanand Mishra (1961); State of M.P. v. Narayan Singh (1989) |
Chapter by chapter, mapped to the LLB Semester 1 syllabus.
About the Bharatiya Nyaya Sanhita, 2023 (BNS) paper and these notes.
Paper K-1004 (Law of Crimes-I) covers the concept, elements and stages of crime; strict and absolute liability; joint liability through common intention and common object; abetment, criminal conspiracy and attempt; general exceptions such as mistake, accident, necessity, unsoundness of mind and intoxication; private defence; and offences affecting life, the body, property, the State, public tranquillity, women and children.
The notes flag culpable homicide vs murder as the most repeated question (asked in five years). Other very frequent topics are the stages of crime and mens rea, common intention vs common object, abetment vs criminal conspiracy, insanity and the McNaughten Rules, the limits of private defence, kidnapping vs abduction, and the distinctions between theft, robbery and dacoity.
As set out in the notes, the paper carries 100 marks. Section A has 5 compulsory questions of 4 marks each, Section B asks you to attempt 2 out of 3 questions of 10 marks each, and Section C asks for 3 out of 5 long answers of 20 marks each.
Common intention is in Sec 3(5) BNS, which replaced Sec 34 IPC; it creates no substantive offence and makes each person liable for acts done in furtherance of the common intention. Unlawful assembly is defined in Sec 189 BNS, and Sec 190 BNS makes every member guilty of an offence committed in prosecution of the common object (old Sec 149 IPC).
Under Sec 14 (a person bound by law) and Sec 17 (a person justified by law), an act done in good faith under a mistake of fact is not an offence. A mistake of law gives no such defence. The notes sum it up with the maxims ignorantia facti excusat and ignorantia juris non excusat.
Cases the notes rely on include Barendra Kumar Ghosh v. King Emperor on common intention, State of Maharashtra v. M.H. George (1965) on mens rea in statutory offences, M.C. Mehta v. Union of India (the Oleum gas leak case) on absolute liability, and Darshan Singh v. State of Punjab (2010), which laid down the principles of private defence.
A crime moves through intention, preparation, attempt and accomplishment. Mere intention and, in most cases, preparation are not punishable, but the notes list offences where preparation itself is punishable and explain how preparation differs from attempt, which is punished under Sec 62 BNS.
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