criminal

Question 1

define crime
and crim law

Answer 1

crime is unlawful act that is punishable by a state

bodu of law that imposes punsihments on crimes

Question 2

common principle of crim law

Answer 2

unless an act is prohibed by law, t diesnt qualify as a crime

Question 3

why are crimes forbidden and punishable by law?

Answer 3

hurt indivisual
and hurt the state

Question 4

explain latin maxim

Answer 4

means an act doesnt make one guilty unless mind id also legally blaemworthy

Question 5

actus reus: break u of 2 words

also 3 constituents

Answer 5

acts-deed, phys result of human conduct
reus-forbidden by law
(so guilty/prohibited act)

action.conduct, result of that a/c, such ac being prohib by law

Question 6

sec - of ipc deals in omissions

Answer 6

32

Question 7

means rea elemnets

Answer 7

a mind at fault/intention to constue a crime

act is crime when actor does i w guilty mind

Question 8

trace historical dvlpment of rule of means rea.

4 pts

Answer 8

1. evolved in england in 17th entury, when juges said act alone =/ crimen, needed guilty state of mind
2. in idnia, ipc never dfines it, but its essence reflected in ipc provisions

3.for framing a charge for offence under ipc, the trad rue of existence of mens rea is to be followed. this rule was repeated in state of maha vs mayor hans goerge

4. also in kartar singh v state of punjab - expressly/necessary implicatio

Question 9

strict liability karo.

Answer 9

syrict liabviacrious liab.deemed liab offences- do not exceptiosn to mens rea ka thumb rule (mens rea must be present for act=crime)

egs in special acts like: negotiable instruments actm 1881, customs act 1962, it act 2000, provide for deemed offences by directors/resp officers

deemed liab ignores whether any mens rea or not on part of persob concerned

Question 10

what happene din sreerangayee case?

what deos it help distinguish bw?

Answer 10

a poor woman attempted suicide after failing to give food to her starving hcidlren. guity cos did an act knowingly (mens rea and actus res)

intention-when a prohibited act is done knowingly, wilfully and w full knowledge and awreness of conseuqnqces, i t will cause criminal liab. no matter whetehr good or bad intent.

motive-ult object behind act. driving force behind intention/comm of offence. crim law ignores motivat while determing cri liab

Question 11

5 ojectives of crim

Answer 11

detrerence, incapacitation, retrib, rehab, restoration

Question 12

ourpose of crim law?

Answer 12

3
define crimes
stipulate punishments
invest and trial procedures

Question 13

sources f crim

Answer 13

1pc, 1860
crpc, 1973
iea,1872
special cim laws passed by parliamanet or state legilstaures like:
it act, prevention of currpiton, dowry prevention act, food adutertaion, comm of sati act

Question 14

note on ipc.
6 pts

Answer 14

1;passedn 1860, force 1862
2. main code india
3.drafted ater insp french penal code and code of lousiana in us
4.application everywhere xcept j and k due to special const of state, they have separate penal code
5.dhas 23 chas, 2 ove 500 sections.
6.subantial part of crim law. dfeines offences and punishments

Question 15

heft define and punishment which sec

punsihment for theft?

for murdre?

Answer 15

378 and 379

3 yrss, fine or both

death or life imrpocment

Question 16

purpose of crpc, 1973?

Answer 16

1. mechanism for invest and trail proecudres
2. lays down rules for
   -conduct of invest into offences by police
   -court proceeedings against any person whi has comm offence under any kaw (ipc/special law)

Question 17

crpc covers what type of offences?

Answer 17

all type, as those mentioned in ipc

Question 18

crpc also talks ab how to initiate —- ka prceure

Answer 18

prosecution/proceeding

Question 19

crpc classifies into offences dep upon – and –

Answer 19

nature gravity

Question 20

ipc mei offnces mei se how many are compunsable w/out a courts pemrission

Answer 20

21-without court permission
36-compoundable w court permission

Question 21

if police refuse,

Answer 21

directly file compliant w mahistarte who will shayad try cas eor direct policy to investiagte and file police report

Question 22

trail is —

Answer 22

judiical adjuctiation of ppersons guiltinnocence

Question 23

invest is

Answer 23

prelim stage inquiry conductedby police after creding of fir in plic station.
fir can be filed by ppl other than victim. if officer in charge is ocnviced, is duty bound to to invest facts and file a police report

Question 24

warrant casr relates to offneces punishable w – or imprsonment for term more than – rs

Answer 24

death
2 years

Question 25

summons case, puniahblw impronment less than – yrs

Answer 25

2 yrs

Question 26

summary trial no snetec of impironment can be grabged exceeding – months

Answer 26

3 months

Question 27

wrt to offences unishbe w death, life impron or imp for term exceedng – yrs, trial in – court after forwredd by magistrate

Answer 27

7 yrs
sessions court

Question 28

whats charge?

Answer 28

formulation of accustaion against accused who is to face trial for a specified offence. it sets out offence that was allegedly committed

Question 29

iea, 1872 helps :

Answer 29

1. judgess eparate wheat from chaff, est of facs during court proceedings
   2.what evidebce admitted, how, how burdn of proof etc

Question 30

main purpose / objec of evidence act s

Answer 30

prevent iaccuarcy in admissibility of evidebce
intro more coorect and uniforn rule of practice

Question 31

principles (3) forming foundation of evidence law are?
CHB

Answer 31

evidence confined o matter at hand

hearsay evidence not admitted
best evid at all cases

Question 32

evidence at into 3 parts:

Answer 32

part 1 , 5 to 55, relevancy of facts, what may/not be proved?

part 2, 56 to 100, how relevant facts to PROVED? facts in usse/relavant factos thruoral/documentary evid. some matters which may not be poved under law

part 3, 101 to 167, by whom and is wat manner must facts be produced. proceudre for evid PRODUCTION and efffect of evidnece

Question 33

admissiom define where?
confession defined where

Answer 33

17 to 31
24 to 30