Criminal Laws in India (Chapter 4)

Key terms and definitions from the notes on Criminal Laws in India, covering crime, mens rea/actus reus, stages of crime, confession/admission, dying declarations, evidentiary principles, and related statutes.

Crime

An unlawful act punishable by the state; broadly, an act prohibited by law, such that incidents harm the individual and the state.

Criminal Law

The body of laws that deal with imposing punishments for crimes; governs how offences are defined and punished.

Ignorantia juris non excusat

Ignorance of the law is no excuse; liability arises because the law applies to all and one is presumed to know it.

Actus Reus

The physical ‘guilty act’ or conduct; the conduct or omission that is prohibited by law, often requiring a corresponding mental element (mens rea).

Omnisions (Actus Reus)

Omissions can be acts under law (Section 32 IPC) in some cases; mere moral omissions generally do not constitute actus reus.

Mens Rea

Guilty mind or culpable mental state; the mental element required to convict, present with the physical act in most crimes.

Intention

Mental element of crime; a wilful act done with knowledge of consequences; necessary for criminal liability.

Motive

Ulterior objective behind an act; not usually required for liability; a psychological force, not a required element for conviction.

Intention vs Motive

Intention is the will to commit a crime; Motive is the reason behind the act; motive is generally not essential for conviction.

Stages of Crime

Sequential phases: Intention (mental stage), Preparation, Attempt, and Commission; liability typically arises at attempt or completion.

Preparation

Second stage: arranging essential steps to carry out the act; not always punishable, but punishable for some serious offences.

Attempt

Third stage; direct step toward the commission of a crime after preparation; punishable under IPC (Section 511 addresses penalties).

Admission

A statement by a party suggesting the truth of a matter; broader than confession and included under Sections 17–31 of the Indian Evidence Act.

Confession

A statement by an accused admitting guilt; a species of admission; Sections 24–30 govern; must be voluntary to be admissible.

Judicial Confession

Confession made before a court or magistrate during legal proceedings; considered reliable if voluntary.

Extra-judicial Confession

Confession made outside court; admissible only if credible and passes credibility tests under procedural law.

Dying Declaration

Statement by a person about the cause or circumstances of death; admissible under Section 32 of the Indian Evidence Act if voluntary and credible.

Section 32 (Evidence Act)

Admissibility of dying declarations and statements by dead/unavailable witnesses; regards cause of death and related circumstances.

Golden Thread Principle

Prosecution must prove guilt beyond reasonable doubt; the core standard of proof in criminal trials; burden remains on the prosecution.

Reverse Onus

A rule where the burden of proof shifts to the accused after the prosecution shows certain facts; used in some statutes (e.g., where public welfare is involved).

Indian Evidence Act, 1872

Regulates proof and admissibility of evidence; outlines relevancy, proof, witnesses, and includes rules on admissions, confessions, and dying declarations.

Criminal Procedure Code, 1973 (CrPC)

Provides the mechanism for investigation and trial; governs police procedures, inquiries, and court proceedings for offences.

Special and Local Laws

Acts outside the IPC that declare certain acts as crimes (e.g., Arms Act, Narcotics Act, Dowry Prohibition Act, IT Act).

Theft (IPC 378)

Dishonestly taking movable property without consent with intent to take; punishable by up to three years’ imprisonment, with fine or both (Section 379 details punishment).

Mayer Hans George v. State of Maharashtra

Case establishing that mens rea can be excluded by statute when the statute’s object would be defeated or public welfare requires it; supports strict liability in certain contexts.