CS PROFESSIONAL JURISPRUDENCE INTRODUCTION OF THE INDIAN PENAL CODE, 1860
For understanding Indian Penal Code first we have to understand the ambit of crime. Crime is a social phenomenon which is done by an individual on another individual. An individual can be any person, organization. Here comes the law to protect individual rights and give security. Law regulates the social interest and helps to resolve the conflict.
The Indian penal code came into existence in 1860 and was retained after independence in 1947. It was extended to the whole of India except Jammu and Kashmir.
The Code applies to anyoffence committed :
- Within the territory of India which is defined in Article 1 of the Constitution of India.
- Within the territorial waters of India
- On any ship or aircraft either owned by India or which is registered in India.
It was constituted to deal with the offence and lay down punishment and certain principles of criminal law. It has 23 chapters and more than 511 sections
THE FUNDAMENTAL ELEMENTS OF CRIME :
- HUMAN BEING: – For committing a crime, first there should be a human being involved in it and for committing that crime, a person should be in a mental state that he knows what he/she is doing and mentally and physically fit.
- MENS REA – MENS REA is a legal maxim of which meaning is “guilty mind”. A person should be of the guilty mind and he should be judged by applying an objective standard and not by judging guilty person situation and his mind working.
Supreme Court in Girja Nath vs. states held that there should be following things to construct a MENS REA: –
- INTENTION: intention should be considered while establishing the offence. It indicates the intention of the person, state of mind and surrounding for establishing the offence. General intention should be considered instead of specific
- NEGLIGENCE: If there is any negligence on part of wrongdoer. He is unable to fulfill his duty or responsibility which leads to any kind of loss can count as MENS REA in criminal law
- RECKLESSNESS: RECKLESSNESS is done when the actor was not planning to do anything but still acts knowing that his/her action can result into bad consequences. Recklessness also consider for MENS REA
- ACTUS REUS: there should be an act and plan. Only guilty mind and human is not sufficient there should be an act or plan to do wrong thing should be there.
- For example, if a group of people plans to shoot one person and only one person shoots the victim, all of it will be held responsible.
STAGES OF CRIME :
- INTENTION: Intention means a person own desire and voluntariness. A person having a guilty mind cannot be punished only for that, there should be a criminal intention associated with that.
- PREPARATION: PREPARATION cannot be punished as it is difficult to establish whether the preparation is for a crime. But following preparation does count as an offence :
- War against government
- Preparation of dacoity
- Hoarding coins
- ATTEMPT: Attempt means direct movement towards crime. Doing something that is planned
- COMMITTING OF OFFENCE: when the accused succeed in his plan and he committed a crime then he will be guilty of the offence.
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