Criminal Law

s.81

Necessity: act done in good faith to prevent greater harm, choosing the lesser evil — no offence (but NOT a defence to murder).

s.84

Insanity: no offence if, by unsoundness of mind at the time, the person was incapable of knowing the NATURE of the act OR that it was WRONG/contrary to law.

########## 01 Key Sections (65 cards) ##########

s.34 Penal Code

Acts done by several persons in furtherance of a COMMON INTENTION — each is liable as if he did it alone. Needs a shared plan + participation.

s.44

'Injury' = any harm illegally caused to a person in body, mind, reputation or property.

s.52

'Good faith' = a thing done with DUE CARE and ATTENTION (mere honesty is not enough).

s.76

Act done by a person bound, or who by mistake of fact in good faith believes himself bound, by law — no offence.

s.79

Act done by a person justified, or who by mistake of fact in good faith believes himself justified, by law — no offence.

s.80

Accident: an act done by accident/misfortune, without criminal intent, in a lawful act by lawful means with proper care — no offence.

s.82

Child UNDER 9 years — nothing is an offence (absolute immunity; doli incapax).

s.83

Child 9 and under 12 — exempt only if not mature enough to understand the nature/consequences of the act.

s.85

Involuntary intoxication (without knowledge/against will) — a defence if it caused incapacity to know nature/wrongness.

s.86

Voluntary intoxication is NO defence; the person is treated as having the knowledge he would have had if sober.

s.87-92

Consent provisions: harm suffered by consent is no offence within limits; no valid consent to death/grievous hurt; s.90 vitiates consent by fear/misconception/infancy/insanity.

s.94

Duress: act compelled by threat of INSTANT DEATH — no offence, EXCEPT murder and State offences punishable with death.

s.95

De minimis: harm so slight no person of ordinary sense would complain — no offence.

s.96-98

Right of private defence of body and property; available even against persons exempt (child, insane, intoxicated).

s.99

Limits on private defence: none vs a good-faith public servant; none where time to seek authorities; no more harm than necessary.

s.100

Private defence of the BODY extends to causing DEATH in 6 cases: death, grievous hurt, rape, unnatural lust, kidnapping/abduction, wrongful confinement w/o help.

s.103

Private defence of PROPERTY extends to causing death: robbery, house-breaking by night, arson of dwelling, theft/mischief/trespass raising apprehension of death/grievous hurt.

s.102 / s.105

Commencement & continuance of private defence of body (102) and property (105) — begins with reasonable apprehension, ends when danger ends.

s.106

If defence against deadly assault cannot be made without risk to an innocent person, the right extends to running that risk.

s.107

Abetment = instigation, OR conspiracy (agreement + act in pursuance), OR intentional aiding.

s.108

Abettor = the person who abets; abetment of an abetment is also an offence.

s.109

Where the abetted act is committed and no separate provision applies, the abettor gets the SAME punishment as the principal.

s.115-116

Abetment is punishable EVEN IF the offence is not committed (115 = death/life offences; 116 = imprisonment offences).

s.120A

Criminal conspiracy = an AGREEMENT of two+ persons to do an illegal act, or a legal act by illegal means. (Serious objects: agreement alone suffices.)

s.120B

Punishment for criminal conspiracy.

s.121 / 121A

Waging war against Bangladesh (121, death/life); conspiracy to wage war or overawe Govt by criminal force (121A).

s.124A

Sedition — bringing/exciting hatred, contempt or disaffection towards the lawful Government; lawful criticism is NOT sedition.

s.141

Unlawful assembly = 5+ persons with a common object of one of five forbidden kinds.

s.142

Membership of unlawful assembly = awareness of the unlawful facts + intentionally joining/continuing. (Mere onlooker is NOT a member.)

s.146

Rioting = force/violence used by an unlawful assembly (or any member) in prosecution of the common object.

s.149

Every member of an unlawful assembly is guilty of an offence committed in prosecution of the common object, OR which members knew likely.

s.159

Affray = two+ persons fighting in a PUBLIC place, disturbing the public peace.

s.299

Culpable homicide = causing death with intention to cause death / intention to cause injury likely to cause death / knowledge it is likely to cause death.

s.300

Murder = culpable homicide + one of 4 aggravating mental states, and NO Exception applies.

s.302

Punishment for murder: death, or imprisonment for life, and fine.

s.304

Punishment for culpable homicide not amounting to murder (Part I: intention; Part II: knowledge only).

s.304A

Causing death by a RASH or NEGLIGENT act not amounting to culpable homicide — up to 5 years.

s.309

Attempt to commit suicide — simple imprisonment up to 1 year, or fine, or both (widely criticised; reform urged).

s.319 / s.320

Hurt (319) = bodily pain, disease or infirmity. Grievous hurt (320) = one of EIGHT serious injuries.

s.339

Wrongful restraint = voluntarily obstructing a person from proceeding in a direction he has a RIGHT to take (partial restraint).

s.340

Wrongful confinement = wrongful restraint within CIRCUMSCRIBING LIMITS (total restraint beyond a boundary).

s.349 / s.350

Force (349) = causing motion/contact/sensation. Criminal force (350) = intentional force, without consent, to commit an offence or cause injury/fear/annoyance.

s.351

Assault = a gesture/preparation causing another to apprehend imminent criminal force (no contact needed).

s.359-361

Kidnapping: from Bangladesh (360) or from lawful guardianship (361 — minor male<16/female<18 or unsound mind, without guardian's consent).

s.362

Abduction = by force compelling, or by deceit inducing, a person to go from any place (not an offence alone — needs a further wrongful intent).

s.378

Theft = dishonestly taking movable property out of another's possession, without consent, and moving it.

s.383

Extortion = putting a person in fear of injury and thereby dishonestly inducing delivery of property/valuable security.

s.390 / 391

Robbery (390) = theft/extortion + immediate force/threat. Dacoity (391) = robbery by FIVE or more conjointly.

s.395 / 396

Punishment for dacoity (395); dacoity with murder — all liable (396).

s.399 / 402

Preparation to commit dacoity (399) and assembling for dacoity (402) are themselves punishable.

s.403

Criminal misappropriation = dishonestly misappropriating/converting movable property (possession came innocently).

s.405

Criminal breach of trust = dishonest misappropriation/conversion of property ENTRUSTED to the accused.

s.406-409

Aggravated breach of trust: by carrier (407), clerk/servant (408), public servant/banker (409).

s.410 / 411

Stolen property (410); dishonestly receiving/retaining stolen property knowing it stolen (411).

s.415 / 420

Cheating (415) = deception + fraudulent/dishonest inducement + delivery/act + harm. s.420 = cheating + dishonestly inducing delivery of property.

s.416

Cheating by personation = cheating by pretending to be some other person (real or imaginary).

s.425

Mischief = causing wrongful loss/damage by destroying property OR diminishing its value/utility (no destruction needed).

s.441

Criminal trespass = entering/remaining on another's property with intent to commit an offence or to intimidate/insult/annoy.

s.442 / 443 / 445

House-trespass (442); lurking house-trespass (443, concealment); house-breaking (445, entry by one of 6 specified modes).

s.463 / 464

Forgery (463) = making a false document with intent to cause damage/fraud. s.464 = what 'making a false document' means.

s.499

Defamation = imputation harming reputation, by words/signs/visible representation; subject to 10 Exceptions.

s.500

Punishment for defamation: simple imprisonment up to 2 years, or fine, or both.

s.511

Attempt to commit an offence punishable with imprisonment — generally up to HALF the longest term.

########## 02 General Exceptions (18 cards) ##########

What are the General Exceptions?

ss.76-106 — situations where an act that would otherwise be an offence is NOT one. Split into EXCUSABLE (actor not blameworthy) and JUSTIFIABLE (act condoned).

Mistake of fact vs mistake of law

Mistake of FACT (honest, reasonable, good faith) is a defence (ss.76, 79). Mistake of LAW is NO defence — ignorantia juris non excusat.

s.76 vs s.79

s.76: actor believes himself BOUND by law to act. s.79: actor believes himself JUSTIFIED by law. Both need a good-faith mistake of FACT.

Insanity test (s.84)

Legal insanity: at the time of the act, unsoundness of mind made the person incapable of knowing (a) the NATURE of the act, OR (b) that it was WRONG/contrary to law.

Legal vs medical insanity

Medical = merely having a mental illness (not a defence by itself). Legal = the s.84 incapacity AT THE TIME of the act (the only kind that excuses).

Who proves insanity, and to what standard?

The accused (Evidence Act s.105), on the BALANCE OF PROBABILITIES — not beyond reasonable doubt.

Key insanity case

Ashiruddin Ahmed v King — delusion (acting on a command believed divine) depriving the accused of knowing the act was wrong satisfied s.84.

Accident (s.80) — ingredients

(1) accident/misfortune; (2) no criminal intention/knowledge; (3) a lawful act; (4) by lawful means; (5) with proper care & caution. ALL required.

Necessity (s.81) — core idea

Choose the LESSER of two evils, in good faith, without criminal intent, to avoid greater harm. Limit: NOT a defence to murder (R v Dudley & Stephens).

Duress (s.94)

Compulsion by threat of INSTANT death excuses — except murder and State offences punishable with death; and not if the accused voluntarily joined the situation.

Consent — the controls (s.90)

No valid consent if given under fear of injury, or misconception, or by an insane/intoxicated person, or by a child under 12. Cannot consent to be killed.

s.88 (the surgeon)

Act not intended to cause death, done in good faith for the person's BENEFIT, with consent — no offence even if it causes death.

s.92 (emergency)

Good-faith beneficial act WITHOUT consent where consent cannot be obtained in time (emergency).

s.93 (communication)

A communication made in good faith for a person's benefit is no offence even if it harms (e.g. a fatal-shock diagnosis).

De minimis (s.95)

The law ignores trifles — harm so slight a person of ordinary sense/temper would not complain. E.g. brushing past someone in a crowd.

Infancy (ss.82-83)

Under 9: total immunity. 9 to under 12: immune only if lacking the maturity to understand the act. (Bangladesh raised s.82 to 9.)

Voluntary vs involuntary intoxication

Voluntary (s.86): no defence; treated as if sober. Involuntary (s.85): a defence if it caused incapacity to know nature/wrongness of the act.

Burden of proof for an Exception

Normally prosecution proves guilt beyond reasonable doubt; but when an Exception is pleaded, the accused must prove it on the balance of probabilities (Evidence Act s.105).

########## 03 Private Defence (12 cards) ##########

Nature of the right of private defence

A COMPLETE defence (no crime at all) but 'a very narrow and circumscribed right' — a shield, not a sword; ends when the danger ends.

Why does the law grant private defence?

The State cannot protect you at the moment of sudden danger; the right fills that gap and goes no further (a stopgap for the absence of public force).

Limits on private defence (s.99)

No defence against a good-faith public servant; none where there was time to seek the authorities; and never more harm than is necessary.

When may death be caused — body (s.100)?

6 cases: apprehension of (1) death, (2) grievous hurt, (3) rape, (4) gratifying unnatural lust, (5) kidnapping/abduction, (6) wrongful confinement w/o access to help.

When may death be caused — property (s.103)?

Robbery; house-breaking by night; arson of a dwelling; theft/mischief/house-trespass causing reasonable apprehension of death or grievous hurt.

When does the right begin and end (body)?

s.102: begins as soon as a reasonable apprehension of danger arises; continues while it lasts; ends once the danger is over (no retaliation).

Private defence against an innocent person

s.106: if you cannot defend against a deadly assault without risk to an innocent person, the right extends to running that risk.

Is private defence available against a child/lunatic?

Yes (s.98) — the right exists even where the attacker is exempt from liability (child, insane, intoxicated), because the danger is real.

Private defence vs retaliation

The right is PREVENTIVE, not punitive. Once the attacker is disarmed/disabled/fleeing, a further blow is retaliation and outside the right.

Key cases on private defence

Munney Khan v State (scope/limits); Ram Swarup (right is not a pretext for aggression; must be proportionate).

Future threat and private defence

A threat of FUTURE harm gives no right of private defence — there is time to seek the authorities (s.99); the danger is not imminent.

Exceeding private defence

If you exceed what is necessary in good faith and cause death, Exception 2 to s.300 reduces murder to culpable homicide (s.304).

########## 04 Homicide Murder (16 cards) ##########

Culpable homicide (s.299)

Causing death by an act done with: intention to cause death / intention to cause injury likely to cause death / knowledge the act is likely to cause death.