Q1.

Actus Non Facit Reum, Nisi Mens Sit Rea

Q2. Intent + Act = Crime (Nothing but Q1)
Q3. Various types of punishment
Q4. Various Theories of punishment
Q5. Various Parties to crime
Q6. Examine territorial & extra territorial jurisdiction of IPC
Q7. Short Notes
-- Common Intention
-- Public Servent
-- Concept of crime
--Solitary confinement

The various stages of a crime are outlined below

|Intention (Elements)
| |Human Being
| |Mens Rea (Stages of mind)
| | |Intention (Types)
| | | |Direct Intention
| | | |Oblique intent
| | |Motive
| | |Knowledge
| | |Recklessness
| | |Negligence (Elements)
| | | |Duty
| | | |Breach
| | | |Damage
| | | |Actual cause
| | | |Proximate cause
| |Actus Reus
| |Injury to another Human Being
|Preparation
|Attempt
|Commission
|Reaction

“Actus Non Facit Reum, Nisi Mens Sit Rea”

An act does not make a person legally liable unless the mind is legally blameworthy
Introduction:
 A crime is an act which passes through many stages before it reaches the term as crime
 The one of the important stages of crime is “Actus Non Facit Reum, Nisi Mens Sit Rea” popularly known
as “Mens Rea”

Intention

First and initial stage in the commission of an offence is known as mental stage or intention
The maxim for this stage is “Actus Non Facit Reum, Nisi Mens Sit Rea”

Word to word meaning:

Actus = the act or action
Non Facit = not doing or not done
Reum = the accused or defendant
Nisi = unless
Mens = mental condition of the mind or intention
Sit = to be
Rea = reum or the accused or defendant

Meaning:
Meaning by many statements:
1. An act itself does not constitute guilt unless done with a guilty intent
2. An act does not make a defendant guilty without a guilty mind
3. An act does not constitute a person guilty unless done with the guilty mind
4. An act does not make anyone guilty unless there is a criminal intent or a guilty mind
5. An act to be illegal in nature it must be done with a guilty mind
6. An act will not make a person guilty unless the mind is also guilty
Explanation:
This maxim explained in plain English using different sentences as below
1. No act is per seen criminal, it becomes criminal only when the actor does it with guilty mind
2. No person could be punished in a proceeding of criminal nature unless it can be shown that he had a guilty
mind
3. Simply doing something will not, in general, make a person a criminal unless their intent was to do, or
cause, or criminal act
4. Not only is the act of the accused important but the intention of the accused to do the specific act is equally
important to prove the guilt of the accused
5. To convict the defendant, it must be proved that the criminal act was carried out with a criminal intend
6. Mere commission of a criminal act or breach of law is not sufficient to constitute a crime. It should be
combined with the presence of wrongful intent
7. Not only act of accused must be proved, but intention of accused to do that specific act must also be proven
to show guilt and sentence him for that crime
8. The accused must have the intention to perform a certain crime, which caused him to act in that way
9. The accused had the intention to commit that act and the knowledge of its outcome
10. Only when the act committed and the state of mind of the accused is in concurrence, can he be sentenced for
committing a crime
11. Actus Reus is the wrongful act committed and Mens Rea is the state of mind behind such acts
12. Mens rea must be criminal and co-operate with the Actus Reus
13. Mens rea is nothing but the fault in mind, which gives a criminal hue to actus reus
14. Actus Reus is the physical act which a person does and mens rea is the ‘guilty mind’ with which a crime is
committed
15. The maxim 'actus non facit reum, nisi mens sit rea' forms the basis for defining the 2 elements that must be
proved before a person can be convicted of a crime, the actus reus or 'guilty act' and mens rea or
'blameworthy mind'.

Example-1:
An accused, who commits motor vehicle accident which leads to death of victim, may be charged for murder, if
he had intention of killing the accused. i.e. his act and mind worked in unison to execute the crime. else, it
would be considered an accident or negligence attracting a lesser punishment

Example-2:
When a person is attacked by another person with an intention to cause grievous hurt or injury then it is a crime
But when the person who was attacked causes injury to the other person in private defence then it is an
unintentional act
In the first scenario guilty mind was present but in the second case no intention of causing harm was there
The second act is categorized as self defence and is dealt under section 96 to 106 of the Indian Penal Code
In the first act the person is guilty of criminal act

Whether intention is punishable or not:

Intention to commit a crime is not punishable unless it is made known to others either by words or conduct
Examples:
1).Abetments, Criminal Conspiracy
2).Waging War against the Govt_SEC_121 to 123
3).Sedition_SEC_124
4).Mere assembly of persons for committing the dacoity without further preparation_SEC_402

Elements of crime:
There are four elements in this stage as below, maxim
1. Human Being
2. Mens Rea/Guilty intention
3. Actus Reus/Illegal act/Omission
4. Injury to another Human Being

Human Being:
The first element requires that the wrongful act must be committed by a human being.
In ancient times, when criminal law was largely dominated by the idea of retribution, punishments were
inflicted on animals also for the injury caused by them,
for example, a pig was burnt in Paris for having devoured a child, a horse was killed for having kicked a man.
But now, if an animal causes an injury we hold not the animal liable but its owner liable for such injury.
So the first element of crime is a human being who- must be under the legal obligation to act in a particular
manner and should be a fit subject for awarding appropriate punishment.
Section 11 of the Indian Penal Code provides that word ‘person’ includes a company or association or body of
persons whether incorporated or not.
The word ‘person’ includes artificial or juridical persons.
Injury to another Human Being
The fourth requirement of a crime is injury to another person or to the society at large.
The injury should be illegally caused to any person in body, mind, reputation or property as according to
Section 44 of IPC, 1860
the injury denotes any harm whatever illegally caused to any person in body, mind, reputation or property.
Actus Reus
#. Actus Reus, which represents the physical aspect of crime
#. Actus Reus has been defined as such result of human conduct as the law seeks to prevent

Cases on Actus Reus:

[Link]

 The Actus Reus must be voluntary

< R v quick [1973]>
<Ieicester v Pearson (1952)>

 For “State of affairs” cases (Actus Reus)

<R v larsonneur (1933)>
<Winzar (1983)>

 For Omissions (Actus Reus)

<Greener v DPP (1996)>
 <R v Pittwood (1902) >
<R v Dytham (1979)>
<R v Stone and Dobinson [1977]>
<R v Miller (1983)>

 For Causation (Actus Reus)

<R v White [1910]>
<R v Smith [1959]>

Mens Rea:
1. 'Mens rea' or 'blameworthy mind' as one of the essential components of criminal liability.
2. It is very difficult to define the word 'blameworthy' can have a different meaning dependant on the offence.
3. Mens Rea, which represents the mental aspect of crime
4. Mens rea means a mental state, in which a person deliberately violates a law
5. Thus mens rea means intention to do the prohibited act
6. Mens rea is present in a particular act, meaning thereby that an act will only be termed as a crime if there is
an evil intention to do wrong
7. The courts have developed various approaches to clarify the meaning and definition of these required
elements in the common law as well as the defences that mitigate or negative mens rea to varying degrees.
8. An act can be completed but no liability falls on the defendant if he can disprove mens rea.
9. Liability may be mitigated partially or completely either by a recognized defence or reasonable mistake.
10. However, there are circumstances where mens rea is found or not required and the defendant is blameless,
but liability still with lesser punishment
11. To convict the defendant, it must be proved that the criminal act was carried out with 'Mens Rea'
12. Various states of mind, separately or together can constitute mens rea for criminal offence

Stages of Mind (Constitute Mens Rea)

1. Intention
2. Motive
3. Knowledge
4. Recklessness
5. Negligence

Intention (Here, Intention is stage of mind, not stage of crime):

 Intention is the will of a person which is directed towards an overt act
 e.g. B severs the head of A then the intention is clear that B wanted to kill A
 There are two types of intent under this stage are,
1. Direct Intention
2. Oblique intent

Direct Intention
#. A person, decide and desire the consequences of his action
#. The punishment for such a action is very rigorous one
#. D set fire to his shop to get insurance money

Oblique intent
#. A person goes with an action due to unforeseen issues
#. Where the consequence is foreseen by the defendant
#. Although, such a action is not desired for its own sake
#. The punishment for such a action is very less
#. D set fire to his shop to get insurance money but unfortunately the fire injured his workers

Motive:
#. Motive is the ulterior object of the person with which he does an act
#. E.g. a person kills another man for stealing his brand new iphone, and then the motive of the person was to
get the iphone

Knowledge
#. An intention to commit an offence may be inferred from knowledge
#. E.g. knows that Y is asthma patient and wanted to kill him by hide the inhaler
#. In this case X had knowledge about the medical condition of Y

Recklessness
#. Recklessness is the taking of an unjustified risk
#. In other words, recklessness means to knowingly take a risk
#. E.g. Drink and drive

Negligence
#. It is an omission of an act or duty to take care
#. In criminal law unlike torts, negligence is not the basis of liability in general
#. It is only in a few cases that the IPC fixes criminal liability
#. Five elements are,
1. Duty=a duty of care owed by the defendant to the plaintiff
2. Breach=a breach of that duty
3. Damage=the plaintiff has suffered in the result of act or omission
4. Actual cause
5. Proximate cause

Actual cause
#. A cause or factor without which the event could not have occurred
#. Otherwise called “but for cause” or “cause in fact” or “factual cause”
#. “But-for” test is often used to determine actual causation

Proximate cause
#. Legal cause or one that the law recognizes as the primary cause of the injury
#. It may not be the first event but may be further event

Case Laws:
[Link]

Foreign case related to it:

R. vs. Prince (1875 LR 2 CCR 154)
R. vs. Tolson (1889 23 QBD 168)
R. vs. Wheat and Stock (1921) 2 KB 119)

Indian cases:
<Hari Prasad Rao vs. State (AIR 1951 SC 204).>
In this case, a servant of a petrol dealer supplied motor spirit without coupons and in some cases took advance
coupons from the consumers, without supplying them the spirit, which was an offence under the Motor
Rationing Order, 1941.
The Supreme Court held that there were no grounds for conviction of the master, especially when he was not
present at the time of delivery of the spirit. He, however, was convicted for non-endorsement on coupons by his
servant which was mandatory and an absolute rule. Non-observance of such statutory rules was punishable even
without mens rea.

<Nathulal vs. State of M.P. (AIR 1966 SC 43).>

In this case, the accused/a food grain dealer applied for a licence and deposited the requisite licence fee. He,
without knowledge of rejection of his application, purchased food grains and sent returns to the Licencing
Authority, who on checking, found that it was in excess of the quantity permitted by Section 7 of MP Food
Grains Dealers Licensing Order, 1958. The accused was prosecuted. However he was acquitted on the ground
that he had no guilty mind.
<Malhan K.A. vs. Kora Bibi Kutti (1996 SCC 281).>
The accused was a financier. He seized a vehicle for which he financed but did not receive the instalments. The
person from whom the vehicle was seized complained to Police alleging that the accused had stolen his vehicle.
The Supreme Court held that the element of mens rea is totally wanting in this case and the accused cannot be
convicted for the offence of theft under Section 379.

<Sankaran Sukumaran vs. Krishnan Saraswathi (1984 CrLJ 317)>

The Supreme Court held that Mens Rea is an essential ingredient of the offence under Section 494 (Bigamy),
where the second marriage has been entered in a bona fide belief that the first marriage was not subsisting, no
offence under Section 494 is committed.

<C. Veerudu vs. State of Andhra Pradesh, 1989 CRLJ 52 (AP)>

The Supreme Court held that Mens Rea is an essential ingredient of the offence under Section 498-A. Cruelty in
Section 498-A means “wilful conduct”. Cruelty by husband or relatives of husband against a wife includes
wilful conduct. Wilful conduct includes Mens Rea

<Banvarilal Agarwal vs. A. Surya Narayan (1994 CrLJ 370 Ori.)>

Section 420 (Cheating) of the Penal Code defines cheating and dishonestly inducing to delivery of property.
While delivering the judgment , the Supreme Court observed that the evidence adduced must establish beyond
reasonable doubt, Mens Rea on the part of the accused

Exceptions:
The Doctrine of Mens Rea is excluded only in few exceptional circumstances. Some of them are:
1. Public Nuisance;
2. The cases, which are not criminal in nature, but are prohibited in the interest of public at large. E.g.
Environmental Pollution cases
3. These cases have criminal nature, but in practice, their proceedings are conducted in the Courts according to
the Civil Procedure Code as civil proceedings and safeguard the civil rights of citizens.

Stages of Crime

1. Intention  Discussed already for 7 mark questions

2. Preparation
3. Attempt
4. Commission
5. Reaction

2. Preparation:
 Preparation means to arrange the necessary measures for the commission of the intended criminal act
 Preparation is not punishable for most of the cases
 E.g. Purchase pistol and keep the same in pocket to kill the someone
 In some exceptional cases preparation is punishable
1).Collecting arms, etc., with intention of waging war against Govt_SEC_122
 2).Committing depredation on territories of Power at peace with the Govt_SEC_126
3).Making preparation to commit dacoity_SEC_399
4).Sale of drug as a different drug or preparation_SEC_276
5).Preparation for counterfeiting coins & Govt. stamps_SEC_233 to 235 & 257
6).Possessing counterfeit coins, false weight/ measurement &forged documents_SEC_242, 243, 259,
266 & 474

3. Attempt:
 An attempt is the direct movement towards the commission of an offence after the preparations has been
made
 An attempt creates an alarm and the moral guilt of the offender is the same as though he had succeeded
 Essential elements of attempt
1).Guilty intention to commit an offence
2).Some act done towards the commission of the offence
3).The act must fall short of the completed offence
 Impossible Attempt
 Attempt Is Punishable Defined In Various Section Of IPC
1).Attempt to murde_SEC_307
2).Attempt to commit culpable homicide_SEC_308
3).Attempt to commit suicide_SEC_309
4).Attempt to Acid Attack_SEC_326B
5).Attempt to commit robbery_SEC_393
6).Attempt to commit robbery or dacoity when armed with deadly weapon_SEC_398
7). Punishment for attempting to commit offences punishable with imprisonment for life or other
imprisonment_SEC_511

4. Commission
 It is the final stage of crime
 If the accused succeeds in his attempt to commit the crime, he will be guilty of the offence
 if his attempt is unsuccessful he will be guilty of an attempt only
 E.g. A fires at B with the intention of killing him, if B dies than A is guilty of murder. If B is injured
than A is guilty of attempt to murder
 Commission Is Punishable For Below
All offence that are not mentioned in above three stages

Various types of punishment: (53 to 75)

+++Introduction
Section 53 to 75 of the Indian Penal Code 1860 deals with the scheme of Punishment. Section 53 of the Indian
Penal Code prescribes five kinds of punishments

+++Punishment Meaning :
Punishment is a process by which the state inflicts some pain to the persons or property of person who is found
guilty of Crime. In other words punishment is sanction imposed on an accused for the

infringement of the established rules.

+++Object
The Object of Punishment is to protect society from mischievous and undesirable elements by deterring
potential offenders, by preventing the actual offenders from committing further offences and by
reforming and turning them into law abiding citizens.

+++Defination of Punishment:
Any pain, penalty, suffering, or confinement inflicted upon a person by the authority of the law
and the judgment and sentence of a court, for some crime or offense committed by him, or for his omission of a
duty enjoined by law is punishment.

+++Kinds of Punishments under the Indian Penal Code

Section 53 of the Indian Penal Code prescribes five kinds of punishments are as follows :
a) Death
b) Imprisonment for life
c) Imprisonment, which is of two descriptions, namely -
(1) Rigorous, that is with hard labour
(2) Simple
d) Forfeiture of property
e) Fine.

+++Death punishment.
Death Penalty or capital Punishment is the most serious nature of punishment.
Some countries abolished it.
A death sentence may be awarded under the Indian Penal Code in the following cases -
i) Waging, or attempting to wage war, or abetting waging of war, against the Government of India . (Section.
121)
ii) Abatment of mutiny, if mutiny is committed. (Section 132)
iii) Giving or fabricating false evidence upon which an innocent person suffers death (Section. 194)
iv) Murder (Section 302)
v) Abetment of suicide of a minor, or insane or intoxicated person (305)
vi) Attempt to Murder by a person under sentence of imprisonment for life, if hurt is caused (Section 307).
vii) Kidnapping for ransom etc. (Section 364A)
viii) Dacoity with murder (Section 369)

+++Life Imprisonment
1).It means that offender shall be convicted for his entire life.
2).But looking at the good behaviour of the prisoner the state govt. reduced this to 14 years
3).According to Section 55 of Indian Penal Code,
in every case in which sentence of imprisonment for life shall have been passed,
the appropriate Government may, without the consent of the offender,
commute the punishment for imprisonment of either description for a term not exceeding fourteen years.
4).According to Section 57 states that
in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to
imprisonment for twenty years.
5).Case Laws
<K.M. Nanavati v. State of Maharashtra, AIR 1962>
In this case supreme court held that imprisonment for life means rigorous imprisonment for life and not simple
Imprisonment

+++Imprisonment
Rigorous:
1).Rigorous Imprisonment by interpretation means hard labour. such as digging earth, cutting wood etc.
2).Hard labour is not defined either in the Indian Penal Code, or in the Jail Manuals.
3).According to Section 60 of I.P.C
in every case in which an offender is punishable with imprisonment which may be of either description,
it shall be competent to the Court which sentences such offender to direct in the sentence that
such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple or
that any part of such imprisonment shall be rigorous and the rest simple.
4).The Indian Penal Code prescribes imprisonment as punishment for -
--Giving or fabricating false evidence with intent to procure conviction of capital offence (Section 194)
--House-trespass in order to commit offence punishable with death (Section 449)

Simple:
1).A person sentenced to simple imprisonment will have to do simple works in the prison.
2).Simple imprisonment is imposed for small offences like wrongful restraint, defamation etc.
3).In case of simple imprisonment the convict will not be forced to do any hard manual labour.
4).There are some offences which are punishable with simple imprisonment are as follows
--Refusing to take oath (Section 178)
--Defamation (Section 500)
--Wrongful restraint
--Misconduct by a drunken person, etc (Section 510)

+++Solitary Confinement
1).Solitary Confinement means keeping a prisoner thoroughly isolated from any kind of contact with the outside
2).A harsh and hardened convict may be confined in a separate cell to correct his conduct.
3).Court can award this punishment only when the offence is punishable with rigorous imprisonment
4).Solitary confinement may be imposed subject to the following restrictions
--Solitary confinement should not exceed three months of the Substantive term of imprisonment
--It cannot be awarded where imprisonment is not part of the substantive sentence.
--It cannot be awarded for the whole of term of imprisonment
--It cannot also be awarded where imprisonment is in lieu of fine.
According to Section 74 of I.P.C in no case the sentence of solitary confinement be awarded more than fourteen
days at a time. and it must be imposed at intervals.

+++Forfeiture of property/
1).Forfeiture of property means taking away the property of the criminal by the State.
2).Forfeiture of property is now abolished except in the case of following offences :
--Committing depredation on territories of Power at peace with the Government of India(Section 126)
--Receiving property taken by war or depredation mentioned in sections 125 and 126 (Section 127).

+++Fine
1).The Courts may impose fine as sole imprisonment or alternative or it may be imposed in addition to the
imprisonment.
2).The Indian Penal Code , 1860 prescribes fine along with imprisonment in respect of certain offences.
3).In default of fine, imprisonment may be imposed.

+++Death sentence
1).Hanging:
--The Code of Criminal Procedure (1898) called for the method of execution to be hanging.
--The same method was adopted in the Code of Criminal Procedure (1973).
--Section 354(5) of the above procedure reads as "When any person is sentenced to death, the sentence shall
direct that he be hanged by the neck till he is dead.“
2. Electrocution:
--Seeking a more humane method of execution than hanging,
--New York built the first electric chair in 1888 and executed William Kemmler in 1890.
--Soon, other states adopted this execution method.
--There is NO provision of death by electrocution in India!
3. Lapidation (Stoning):
--Lapidation or Stoning, is a form of capital punishment whereby a group throws stones at a person until death
ensues
--Stoning is called Rajm in Islamic literature
--It remains a legal form of judicial punishment in most of the islamic countries
--There is NO provision of death by stoning in India!
4. Lethal Injection:
--Today, all of the 32 states that have the death penalty use this method
--As per this mehod, chemicals are injected to body in many satges, finally KCL injeced to stop the heart
--There is NO provision of death by lethal injection in India
5. Lethal Gas:
--As per this method, a poisionus gas pumbed to gas chamber where condemned person is strapped to a chair
--Finally inmate dies from hypoxia, the cutting-off of oxygen to the brain
--There is NO provision of death by using gas chambers in India
6. Firing Squad
--As per this method,the inmate died due to shoot by shooters
--Shooting(In India)
*.Section 163 of the Act provides for the form of the sentence of death as
"In awarding a sentence of death, a court-martial shall, in its discretion, direct that the offender shall suffer
death by being hanged by the neck until he be dead or shall suffer death
by being shot to death".
*.This provides for the discretion of the Court Martial to either provide for the execution of the death sentence
by hanging or by being shot to death.
The Army Act, 1950, and the Navy Act, 1957 also provide for the similar provisions as in The Air Force Act,
1950
7. Beheading:
--Public beheading is used in Saudi Arabia as the punishment for murder, rape, drug trafficking, sodomy, armed
robbery, apostasy, sorcery and certain other offences
--Executions of offenders are not performed privately in prisons, but publicly in central Riyadh, and have been
called the "only form of public entertainment" in Saudi Arabia "apart from football matches”
--It is one of the last four (Saudi Arabia, Iran, Qatar and Yemen) countries to still carry out public executions
and the only country to carry them on regularly
--There is NO provision of death by Beheading in India!

Various Theories of Punishment:

Administration of Justice is the primary functions of the State, is generally divided into administration of Civil
Justice and Administration of Criminal Justice. The main purpose of Administration of criminal

Justice is to punish the wrongdoer. It is the State which punishes the Criminals. From the ancient times, a
number of theories have been given concerning the purpose of punishment.

+++Punishment Meaning :
Punishment is a process by which the state inflicts some pain to the persons or property of person who is found
guilty of Crime.

+++Object
The Object of Punishment is to protect society from mischievous and undesirable elements by deterring
potential offenders, by preventing the actual offenders from committing further offenses and by

reforming and turning them into law abiding citizens.

+++Theories of Punishments :
Theories of Punishment are as follows,
1) Deterrent Theory
2) Retributive Theory
3) Preventive theory
4) Reformative Theory
5) Expiatory Theory
6) Theory of Compensation
7).Multiple Approach Theory

+++Deterrent Theory:
1).Not only to prevent the wrongdoer from doing a wrong,
2).but also to make him an example for others, calculated to curb criminal tendency in others.
3).This theory lives even today in some countries.
4).Deterrence theory is the belief that the threat of punishment works as a deterrent, such as:
--That the fear of going to jail will make people not use drugs.
--That the fear of an unwanted pregnancy—or a shotgun wedding—will make people not have sex.
--That the fear of going to hell will make pedophile priests not abuse children.
--That the fear of execution will lower violent crime rates.
5).Type of deterrence
--Specific deterrence refers to preventing someone who has committed a crime from repeating his action.
Specific deterrence = the person executed will no longer be a threat
--General deterrence means discouraging other individuals from committing the same crime.
General deterrence =the idea that the person executed is a warning to others

+++Retributive Theory
1).Principle of this theory: “Tooth for Tooth, Eye for Eye, Limb for Limb and Nail for Nail”
2).Found to be inhuman and barbaric
3).Modern human rights philosophy condemns this cruel concept.
4).The idea behind this theory is to make the offender realize the suffering / pain
5).<Hyderabad vet rape case>
--Though the court held nothing,this is an example of Retributive justice
--The political sanction of “encounter killings” to deliver swift retribution would only be a disincentive for the
police to follow due process and may even deter them from pursuing the course of justice.
--Far from ensuring justice to the victims, bending the law in such cases would only undermine people’s faith in
the criminal justice system.

+++Preventive theory
1).Preventive theory is also known as 'theory of disablement.'
2).According to this theory, punishment is based on the proposition, "not to avenge crime but to prevent it"
3).The aim of this theory is to disable the criminal.
4).Offenders are disabled from repeating the crime by awarding punishments, such as death, exile or forfeiture
of an office.
5).By putting the criminal in jail, he is prevented from committing another crime.
6).The supporters of this theory recognize imprisonment as the best mode of punishment
7).because it serves as an effective deterrent as also a useful preventive measure.
8).The eminent utilitarian Bentham supported the preventive theory because of its humanizing influence on
criminal law.

+++Reformative Theory
--“Condemn the Sin, not the Sinner” – Mahatma Gandhi.
--Reformation process is like a surgeon operating on a person to remove the pain.
--It is a craft or skill in bringing back the tainted and condemned culprits to national mainstream and civil
society, as meaningful citizens.
--Crime is a mental disease, caused by different anti-social elements.
--Therefore the mental cure of criminals rather than awarding punishment will serve the purpose.
--If the criminals are educated and trained, they will be competent to behave well in the society.

+++ Expiatory Theory

--“To pay for the sin committed”
--Offender to serve the victims and their dependents to compensate the deprivation.
--Held impracticable & being too idealistic.
--Experimentation of this theory is too expensive in terms of public safety and security.

+++Theory of Compensation
1).According to Theory of Compensation the object of punishment must not be merely to prevent further
crimes
2).but also to compensate the victim of the Crime.

+++Multiple Approach Theory

--Application of any single theory may not render complete justice
--The aforesaid theories are not mutually exclusive
--Hence judicious combination of theories is the latest approach.

Various Parties to crime

+++Introduction:
1).The criminal offences are not only done by a single person but are also be committed together by many
persons.
2).In criminal law there are different terminologies used when many people involved in the commission of
crime.
3).The person who directely performs the actus reus of an offence known as principal offender
4).if a person who assists or encourage the principal offender, shall be called secondary party or accessory.

+++Types of Parties
1).There are two type of parties in criminal law,
--Culpable party (குற்றவியல் கட்சி)
--Innocent party (அப்பாவி கட்சி)

+++Type of Culpable party (Type-1 classification)

1).Principal offender (முதன்மை குற்றவாளி)
--The actual perpetrator of the felonious deed
2).Accessory offender (துணை.குற்றவாளி)
--Other person who themselves are not main offenders,
--but who assist or aid them, are known as "accessories"
+++Type of Culpable party (Type-2 classification)
1).Culpable parties are basically of four different types and they are
--Perpetrators (குற்றம் புரிந்தவர்கள்)
--Abettors (குற்றம் செய்யத் துணை செய்பவர்)
--Inciters (தூண்டிவிடுபவர்)
--Criminal protectors (குற்றத்தின் பாதுகாவலர்கள்)
2).Perpetrators:
--A “perpetrator” is the one who, with mens rea, has caused a socially harmful occurrence
--either with his own hands, or by means of an innocent agent, or by means of some tool or instrument or other
non-human agency
3).Abettors:
--An "abettor" is the one who is present, either actually or constructively,
--and who, with mens rea, either assists the perpetrator in the commission of the crime,
--stands by with intent to render aid if needed, or commands, counsels or other- wise encourages the perpetrator
to commit the crime.
--< State v. Powell, (1914)>Based on this case,the term "aider and abettor" is more common
--It has been said to be necessary to express the idea, though court used the word “abettor” alone.
--To "aid" is to render assistance and hence one might innocently aid a perpetrator, without knowledge of his
wrongful purpose.
--The word "abet" includes either the element of aid, or that of commanding, counselling or encouraging the
crime without actual assistance plus, in either case, the additional element of mens rea.
4).Inciters:
--An "inciter" is the one who, with mens rea, counsels, commands, procures or encourages another to commit a
crime,
--the one not being present either actually or constructively at the moment of perpetration.
--The word has been so used at times by the courts.
--If deemed necessary some such phrase as "absent inciter" might be used.
5).Criminal protectors:
--There is also need of a term to designate a person who was in no way tainted with guilt of a crime when
perpetrated
--but who, with full knowledge of the facts,
--thereafter conceals the offender or gives him some other assistance to save him from detection,arrest, trial or
punishment

+++Linking Type-1 and Type-2 classification

1).In Treason (சதி / துரோகம் / இராஜத் துரோகம்)
Perpetrators = Principal offender
Abettors = Principal offender
Inciters = Principal offender
Criminal protectors = Principal offender
b'c of the heinousness of the crime and different degrees of principals are seldom even mentioned

2).In Felony (குற்றங்களின்)

Perpetrators = Principals in the first degree;
Abettors = Principals in the second degree;
Inciters = Accessories before the fact
Criminal protectors = Accessories after the fact.

3).In misdemeanours (தவறான நடவடிக்கைகளுக்காக)

Perpetrators = Principal offender
Abettors = Principal offender
Inciters = Principal offender
b'c law does not descend to distinguish the different shades of guilt in petty misdemeanours
Criminal protectors = Not punishable

+++Types of Accessories permitted under the common law

Accessories before the fact
Accessories at the fact
Accessories after the fact

+++Details on Principals and accessories

1).In general, when there are two or more parties to a crime,
2).then they are classified into two kinds of principals
--A principal in the first degree
--A principal in the second degree
3).and two kinds of accessories which are
--before the fact
--and after the fact.
4).Principle in the first degree:
--A principal in the first degree actually committed the crime.
--They are actually commit the crime or offence with their own hands or through innocent agent are principals
in first degree.
--Innocent agent is a person who by reason of either immaturity of understanding or of impairment of mind is
legally incompetent to commit a crime.
--Examples of innocent agents can be a child below the age of discretion or a person of unsound mind
--who had been used to commit a crime and they may not have the necessary mens rea.
--<R v Stringer and Banks 1991>
*.In this case,
*.employees were asked by their employer to send out letters and participate in financial transactions
*.which they did not realize would lead to fraudulent transactions.
*.The employer was the principal offender and the employees were innocent agents.
5).Principle in the second degree:
--A principal in the second degree was present at the scene of the crime and assisted in its commission.
--Principals in the second degree are those who are present at the commission of the crime and extend aid and
assistance for its commission
--principal of second degree are the person who may be actually or constructively present in the scene of
occurrence.
--Such persons do not actually participate in commission of the crime
--However, they remain present, actually or constructively, at the occurrence of the crime and thereby aid,
assist, encourage or abet commission of the crime
6).Difference between Principal of first degree and Principal of second degree
--difference in legal consequence
--grade in guilty of person
7).Accessories before the fact:
--An accessory before the fact was not present at the scene of the crime, but helped prepare for its commission.
--An accessory before the fact is the person who is guilty of felony for acts which aid, counsel, command or
encourages the culpable act,
without being present either actually or constructively at the time of perpetration.
--The element of time requires special mention here, but this is only to emphasize the want of any legally
established time limit within which the accessory's incitement may be recognized.
--It is no ground of immunity to him,
--< Workman v. State, (Ind 1939) >
In this case, that his counsel and advice were given more than a year prior to the perpetration of the crime
8).Accessories after the fact:
--The accessory after the fact is one who, with knowledge of the other's guilt, renders assistance to an offender
in the effort to hinder his detection, arrest, trial or punishment
--<Jaso v. State. (1936)>
In this case, all those who knowing that a person has committed an offence knowingly receive, relieve, comfort,
harbour or assist him from escaping from the clutches of law is identified as
Accessories after the fact
9).Diff b/w "Accomplice" and "Accessories"
--In common law, there is some authority for using the word "accomplice" to include all the accessories and all
the principals
--Following are some of the basic differences between accessory and accomplice
1).Parties to crime were divided into four categories.
2).Following are some of the basic differences between accessory and accomplice
*.An accessory usually helps the principal before or after the crime
while an accomplice helps the principal before and during the crime.
*.Accessory is not usually present during the crime
while accomplice may or may not be present during the crime.
For example, an employee of the bank may give the plan of the bank and the vault to a gang of robbers.
Although this employee may not be present at the scene of the crime but he is an accomplice therefore he is also
guilty of the crime.
*.Accessory may receive lesser charges and punishments
while Accomplice may receive the same charges and punishments as the principal offender.
For example, one person secures the victim with ropes
whereas the other stabs with him a knife.
Here, the person who stabbed the victim may be the principal
and the one who tied up the victim may be charged as the accomplice.
Despite their presence or absence, they are considered to be equally guilty of the crime.

Territorial and extra-territorial jurisdiction of IPC

Title and extent of operation of the Code (Sec.1)This Act shall be called the Indian Penal Code,
and shall extend to the whole of India except the State of Jammu and Kashmir.
Punishment of offences committed within India (Sec.2)Every person shall be liable to punishment
under this Code and not otherwise for every act or omission contrary to the provisions thereof, of
which, he shall be guilty within India.

There is no exceptions infavour of any one but the following persons always exempted from the
jurisdiction of every country.
 Foreign sovereigns
 Ambassadors
 Alien enemies
 Foreign army
 Warship
 President and Governors.

2. With in India. If the Offence is committed outside India it is not punishable under I.P.C
unless it has been made so by means of special provisions such as section.3,4, 108A of etc of
the code.
 Territorial Jurisdiction:- The territorial waters extend into yhe sea 12 nautical mile to into the
sea measured from appropriate base line. The territories strictly speaking of a state includes
therefore not only the compass of land in the ordinary acceptance of the term belonging to
such state but also that portion of sea lying along and washing its coasts which is commonly
called its maritime territory. The laws of that state apply to acts committed with in them.

Punishment of offences committed beyond but which by law may be tried within India (Sec.3)
Any person liable, by any Indian law to be tried for an offence committed beyond India shall be
dealt with according to the provisions of this Code for any act committed beyond India in the same
manner as if such act had been committed within India.
Extension of Code to extra-territorial offences (Sec.4) The provisions of this Code apply also to
any offence committed by-
(1) any citizen of India in any place without and beyond India;
a) Crimes Committed outside India:- Where an offence is committed beyond the limits of
India but the offender is found within its limits, then
b) He may be given up for trial in the country where the offences was committed.(extradition)
c) He may be tried in India.
Extra-territorial jurisdiction:-
Indian courts are empowered to try offence commited out of India on
a) Land
b) High seas or
c) Air craft.
(2) any person on any ship or aircraft registered in India wherever it may be.
Explanation- In this section the word "offence" includes every act committed outside India which, if
committed in India, would be punishable under this Code.

Certain Laws not to be affected by this Act. ( Sec.5)

Nothing in this actshall affect the provisions of any act for punishing mutiny and desertion of
officers, soliders, sailors or airman in the service of the govt of India or the provisions of any special
or local law.
Though the code was intended to be a general one it was not thought desirable to make it exhaustive,
and hence offences defined by local and special laws were left out of the court and merely declared
to be punishable as theretoforeas held in Ramachandrappa(1883)6Mad249. Thus the personnel of
the army, navy and airforce are governed by the provisions of the Army act1950, Navy act 1957, the
Indian airforce Act 1950 in regard to the offences of mutiny and desertion committed by them.
Illustration
A, who is a citizen of India , commits a murder in Uganda. He can be tried and convicted of murder
in any place in India in which he may be found.
Case Law.
Mubarak ali v/s State of Bombay (1957)61 Bombay Lr58.
A foreigner who commits an offence with in India is guilty and can be punished as such without any
limitation as to his corporal presence in India at the time.

Syndicate transport co. 1963, 66 Bombay LR197.

It as been held that a company cannot be indictable for offences which can be committed by human
individual alone like treason , murder ,[urjury etc, or for offences which are compulsorily punishable
with imprisonment or corporal punishment.
 Conclusion:- Thus from the above explanation it comes to an conclusion that any person commit
any offence within territory and extra territorial offences will be punished under this Act.

Solitary confinement

Solitary confinement (Sec.73) Whenever any person is convicted of an offence for which under this Code the
Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the
offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is
sentenced, not exceeding three months in the whole, according to the following scale, that is to say- a time not
exceeding one month if the term of imprisonment shall not exceed six months; a time not exceeding two months
if the term of imprisonment shall exceed six months and shall not exceed one year; a time not exceeding three
months if the term of imprisonment shall exceed one year.
Limit of solitary confinement (Sec.74) In executing a sentence of solitary confinement, such confinement
shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not
less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary
confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals
between the periods of solitary confinement of not less duration than such periods