⦁ Concept of Crime.
⦁ Criminal Liability And Punishment under The Criminal Law.
⦁ General Exceptions under Penal Code.
⦁ Concept of Crime.
The term "Crime" denotes as a Unlawful act and this Punishable by State.
⦁ A Crime or an Offence is an act which is harmful not only to person but also to the Community society or state
⦁ Every Crime violates the law but every violation of the law does not commit a crime.
⦁ The main reason for committing a crime Greed, anger, jealousy, revenge or pride etc.
1. Greed Under The Crime ( )
Greed can be linked to immoral behavior and crime, but it can also be associated self-interest and market competition.
⦁ If a person commit a Crime against the Constitution of India due to greed or for his own benefit, then we call it a crime.
2. Anger Under the Crime ()
Anger can lead to a variety of crimes including violent acts, impulsive behavior and indirect violence.
⦁ Violent Acts : Rape, Domestic Violence, Child abuse.
⦁ Impulsive Behaviour : Aggression, Harassment.
⦁ Indirect Violence : Drug ETC.
3. Jealousy and Revenge under the crime ()
Feeling of envy, insecurity, resentment and Suspicion as well as revenge as a motive is legally irrelevant.
4. Pride Under the crime ()
In their case, it brought public humiliation, and led to death. Pride must be tempered with a sense of humility in order to get along with others.
⦁ Criminal Liability And Punishment under The Criminal Law.
If a person is liable or responsible for a crime when he or she has acted with criminal intent.
⦁ If a person know that doning this work will lead to death or harm to the person and it is against the Indian Constitution then it is called Criminal liability.
There is a mainly Element Of Criminal liability
⦁ Mens rea
⦁ Actus reus
⦁ Minor
⦁ Mens Rea
Mens Rea is refer to the criminal intent or intention ( Gulity Mind )
⦁ INTENTION
Intention Play onimportant role in mens Rea, because when a person does something wrong and hurts someone then overhere, if he will held liable if he had intention to do wrong.
⦁ KNOWLEDGE
If a person has a knowledge that whatever he is doing, it will hurt. Someone, then in such case he will held liable.
⦁ NEGLIGENCE
Negligence is a failure exercise in a particular circumstance.
⦁ Duty
⦁ Breach of that duty
⦁ Damages
⦁ Actus Reus
In Actus Reus, physical aspect of a Crime is important. Accused needs to have done something to the victim.
Without a Actus Reus a person will not be liable even if he has a Mens Rea.
⦁ Minors
In India, Children below the age of & yrs are Judged as guiltless and cannot be held guilty for any offence.
⦁ Children below theage of 18 years annot be tried as adults and can only be sentenced to a maximum of 3 years.
General Exception to the Criminal Liability
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Strict liability
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Public Nuisance
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Ignorance of law no excuse
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Difficult to prove Mens Rea
a) Strict Liability
Strict liability is which liability there is no guilty mind but the person is held responsible.
b) Public Nuisance
If a person who is not taking care about the duty he will held liable.
c) Ignorance of law no excuse
Ignorance of law no excuse.
d) Difficult to Prove Mens Rea
Sometimes it is difficult to prove Mens Rea so in such case, Speedy disposal of cases in necessary and proving mens rea is not necessary.
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