3 Essential Elements of Crime

  • Human Being: Crime must be committed by a person; corporations can also be liable.
  • Mens Rea (Guilty Mind): Intention or knowledge to commit the crime. Maxim: Actus non facit reum nisi mens sit rea.
  • Actus Reus (Guilty Act): Physical act or omission prohibited by law.
  • Injury: Harm caused to another person, society, or state.

4 Stages of Crime

  1. Intention: Mental stage, not punishable in itself.
  2. Preparation: Making arrangements; generally not punishable.
  3. Attempt: Actions beyond preparation; punishable.
  4. Commission: Final act of crime; fully punishable.

General Exceptions in Criminal Law

  • Excusable Acts: Lack of intent or capacity.
  • Justifiable Acts: Rightful actions under circumstances.

Mistakes of Fact

  • Section 76: Action under belief of being bound by law.
  • Section 79: Action believing justified by law.
  • Requirements: Mistake of fact, not law; made in good faith; reasonable.

Accident & Infancy

  • Accident (Section 80): No criminal intention or knowledge.
  • Infancy:
    • Section 82: Child < 7 years has immunity.
    • Section 83: Child 7-12 years has rebuttable presumption.

Insanity & Intoxication

  • Insanity (Section 84): Incapable of knowing nature/wrongness of act.
  • Intoxication: Voluntary is limited defense; involuntary is complete defense.

Judicial Acts & Necessity

  • Judicial Protection (Sections 77-78): Protection for acts done by judges or under court orders.
  • Necessity (Section 81): Done in good faith to prevent greater harm.
  • Section 87: Consent must be valid; cannot consent to death or grievous hurt.
  • Section 88: Exceptions for medical treatment.

Duress & Trifling Acts

  • Duress (Section 94): Compulsion by threats; exceptions apply.
  • Trifling Acts (Section 95): Law does not concern trifles.

Defense of Body & Property

  • Defense of Body: Reasonable apprehension of danger; death allowed in some scenarios.
  • Defense of Property: Against theft/robbery; force must be proportionate.

Key Legal Definitions

  • Rape (Section 375): Defined statutory acts constituting rape.
  • Voyeurism (Section 77): Watching/private acts without consent punishable.
  • Sexual Harassment (Section 75): Defined unwelcome actions punishable by law.
  • Dowry Death (Section 80): Punishable under specific circumstances involving cruelty for dowry.
  • Theft (Section 303): Defined as dishonestly taking movable property without consent.
  • Robbery (Section 309): Combination of theft/extortion with added threats.