SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law
Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102    Semester : III
Module : Law of Crime (IPC)                                       Module Code: 8101L006
                                                                  & 8102L006
             Teaching Scheme                              Evaluation Scheme
Lecture Practical Tutorial                                                  Term End
                                              Internal Continuous
 (Hours     (Hours      (Hours                                        Examinations (TEE)
                                    Credit     Assessment (ICA)
   per        per         per                                              (Marks- 50
                                                  (Marks – 50)
  week)      week)       week)                                         in Question Paper)
    4          0           0           4       Marks Scaled to 50      Marks Scaled to 50
Pre-requisite: Law of Torts.
Objectives:
     To provide the conceptual understanding of the general principles of Crime.
     To develop analytical thinking with respect to various elements of Criminal law.
     To develop analytical understanding with respect to Offences affecting Human body.
     To develop analytical thinking with respect to Offences against Women & Offences
       Relating to Marriage.
     To develop analytical thinking with respect to Offences against Property.
     To develop analytical thinking with respect to Offences against the State affecting
       peace and tranquility of State.
     To develop analytical thinking with respect to Offences relating to Elections and
       Offences affecting the reputation of a person.
Outcomes:
After completion of the course, students would be able to :
     Comprehend the different forms of punishment, inchoate crime and learn about the
       general defenses available in Criminal law.
     Understand different offences against Human Body such as Culpable Homicide and
       Murder.
     Understand different offences against Women like Rape and Outraging the Modesty
       of a Woman, Stalking, and Voyeurism & Offences Relating to Marriage such as
       Bigamy, Adultery etc.
     Comprehend different offences against Property such as Theft, Extortion, Robbery,
       Dacoity etc.
     Develop an understanding of different offences against the State and against peace
       and tranquility of State.
     Develop an understanding of different offences relating to Elections like Bribery,
       taking or giving of any gratification, Personation at Elections and Offences affecting
       the reputation of a person namely Defamation.
Detailed Syllabus: ( per session plan )
Unit   Description                                                                 Duration
            SVKM’s Narsee Monjee Institute of Management Studies
                Name of School - Kirit P. Mehta School of Law
1.   Introduction to Criminal Law                                             5 Hrs
       Meaning and Definition of Crime
       Essentials of Criminal Liability
       Four Stages of Crime
         A. Intention.
         B. Preparation.
         C. Attempt.
         D. Commission.
       Definitions under Indian Penal Code.
       Territorial Application of Indian Penal Code.
         A. Intra- Territorial Application of the Code
         B. Extra- Territorial Application of the Code.
     Case Law:
      1) Dudley v. Stephens [(1884) 14 Q. B. D. 173]
      2) Emperor v. Apaji Yadavrao (1896 21 Bom. 517)
      3) Emp. V. Raghunath Rai (1892)
      4) Nathulal v. Stat of M.P. (A.I.R. 1966 S.C. 43)
      5) Crown v. Esop. [(1836) 7 C & P 456]
      6) Savarkar’s case [(1910) 13 B.L.R. 296]
2.   Punishment under Criminal Law                                            5 Hrs
         Meaning and Definition of Punishment
         Theories of Punishment
          A. Deterrent Theory
          B. Retributive Theory
          C. Preventive Theory
          D. Reformative Theory
          E. Compensatory Theory
        Kinds of Punishment
          Case Laws
       1. Phul Singh v. State of Haryana (1980 Cri. L.J. 8)
       2. Sunil Batra (II) v. Delhi Administration (1980 2 S.C.C. 488)
       3. State of U.P. v. M. K. Anthony (A.I.R. 1985 S.C. 48)
       4. Bachan Singh v. State of Punjab (1980 2 S.C.C. 684)
3.   Law Relating to Joint Offenders                                          5 Hrs
           Acts done by several persons in furtherance of common intention
           When such an act is criminal by reason of its being done with a
       SVKM’s Narsee Monjee Institute of Management Studies
           Name of School - Kirit P. Mehta School of Law
       criminal knowledge or intention
      Effect caused partly by act and partly by omission
      Co-operation by doing one of several acts constituting an offence
      Persons concerned in criminal act may be guilty of different
       offences.
Case Laws
   1. J. M. Desai v. State of Bombay (A.I.R. 1960 S.C. 889)
   2. Rashid Pande v. State of Uttar Pradesh (A.I.R. 1955 S.C. 331)
   3. Shew Mongal Singh v. The State (1981 Cri.L.J. 84)
   4. Mahbub Shah (A.I.R. 1945 Privy Council 118)
   5. D. M. Bhil v. State of Maharashtra (A.I.R. 1985 S.C. 1717)
   6. Maqsoodan v. State of U.P. (A.I.R. 1983 S.C. 126)
   7. Shankarlal v. State of Gujarat (A.I.R. 1965 S.C. 1260)
   8. Baul v. State of Uttar Pradesh (A.I.R. 1968 S.C. 728)
            SVKM’s Narsee Monjee Institute of Management Studies
                 Name of School - Kirit P. Mehta School of Law
4.   General Defenses under the Indian Penal Code                              10 Hrs
         Act done by a person bound, or by mistake of fact believing
           himself bound, by law.
         Act of Judge when acting judicially and Act done pursuant to the
           judgment or order of Court
         Accident in doing a lawful act
         Act likely to cause harm, but done without criminal intent, and to
           prevent other harm
         Act of a child - under seven years of age, above seven and under
           twelve of immature understanding.
         Act of a person of unsound mind
         Act of a person incapable of judgment by reason of intoxication
           caused against his will ill.
         Offence requiring a particular intent or knowledge committed by
           one who is intoxicated
         Acts done by Consent
         Communication made in good faith
         Act to which a person is compelled by threats
         Act causing slight harm
         Right of Private Defense
     Case Laws
        1. Emp. v. Gopalia [(1924) 26 Bom. L.R. 138]
        2. Emp. v. Dhania Daji (1868 5 B.H.C. 59)
        3. Paras Ram v. State of Punjab [(1981) 2 S.C.C. 508]
        4. Sanna Eranna v. State of Karnataka (1983 Cri.L.J. 619)
        5. State of Madhya Pradesh v. Ahmed Ulla [(1961) 3 S.C.R. 580]
        6. McNaughten’s case (10 CL. & F., 200)
5.   Offences Affecting Human Body                                             10 Hrs
           Culpable Homicide and Murder.
           Causing death by negligence
           Abetment of suicide and Attempt to suicide.
           Miscarriage and injuries to unborn children.
           Hurt:
            SVKM’s Narsee Monjee Institute of Management Studies
                 Name of School - Kirit P. Mehta School of Law
           Kidnapping and Abduction
           Criminal force and Assault:
           Wrongful restraint and wrongful confinement.
           Sexual offences:
           Unnatural offences.
     Case Law:
     1. Common Cause v. Union of India. Writ Petition (Civil) No. 215 OF
        2005
     2. Suresh Kumar Koushal v. NAZ Foundation (2014) 1 SCC 1
     3. Emperor v. Mt. Dhirajia, AIR 1940 All. 486 53
     4. Independent Thought v. Union of India & Anr. W.P No. 382 of 2013.
     5. Mahmood Farooqui vs State (Govt Of Nct Of Delhi) CRL.A.944/2016
     6. Laxmi v. Union of India (2014) 4 SCC 427
     7. Navtej Singh Johar v. Union of India. (2018)
6.   Offences Relating to Marriage and Cruelty.                              3 Hrs
            Cohabitation caused by a man deceitfully inducing a belief of
              lawful marriage.
            Bigamy.
            Decriminalization of Adultery.
            Enticing or taking away or detaining with criminal Intent a
              married woman.
            Cruelty by husband or relatives-Uses and Abuses of Section
              498A.
            Dowry Death- Section 304 A.
     Case Laws:
           1. Ram Chandra Bhagat v. State of Jharkhand. Criminal Appeal
              No(s). 439 of 2006.
           2. Rajesh Sharma and Ors. v.State of U.P and Anr. Criminal
              Appeal No. 1265 OF 2017.
           3. Sarla Mudgal v. Union of India AIR 1995 SC 153.
           4. Lily Thomas v. Union of India AIR 2000 SC1650.
           5. Josheph Shine v. Union of India W.P. No. 194 of 2017.
7.   Offences against property                                               10 Hrs
            Theft
            SVKM’s Narsee Monjee Institute of Management Studies
                  Name of School - Kirit P. Mehta School of Law
               Extortion
               Robbery
               Dacoity
               Criminal Misappropriation of property
               Criminal Breach of Trust
               Cheating
               Receiving stolen property
               Mischief
               Criminal trespass
               House Trespass
             House Breaking
     Case Laws:-
      1. Madhu v. State of Kerala AIR 2012 SC 664
      2. Lachaman Ram v. State of Orrisa AIR 1995 SC486
      3. Chinnadurai v. State of Tamilnadu AIR 1996 SC 546
      4. Veji Raghavji v. State of Maharashtra AIR 1965 SC1433
      5. State of Gujarat v Jaswantlal AIR 1968 SC 700
      6. Shyam Behari Lal v. State of U.P Criminal Appeal No. 148 Of 1971
8.   Offences against the State                                                    3 Hrs
          Waging war against the State
           Assaulting High Officers
           Sedition
           Suffering escape of, or harbouring a State Prisoner or a Prisoner of
            War
     Case Laws:-
     1. Mohd. Ajmal Amir Kasab v. State of Maharashtra 2012 9 SC 4
     2. Shaukat Hussain Guru V. State NCT, Delhi AIR 2008 SC 2419
     3. Kedarnath Singh v. State of Bihar AIR 1962 SC 955
9.   Offences against Public Peace Tranquility                                     2 Hrs
          Rioting
           Promoting Enmity between Classes
               SVKM’s Narsee Monjee Institute of Management Studies
                    Name of School - Kirit P. Mehta School of Law
              Knowingly carrying arms
              Affray
            Case Laws:-
      1. Daya Kishan v. State of Haryana AIR 2010 SC 2147
      2. Dharam Pal State of UP AIR 1975 SC 1917
      3. Chandrika Prasad v. State of Bihar AIR 1972 SC 109
      4. Moti Das v. State of Bihar AIR 1954 SC 657
10.   Offences Relating to Religion                                                    2 Hrs
              Injuring or defiling place of worship with intent to insult the
               religion of any class.
              Deliberate and malicious acts, intended to outrage religious
               feelings of any class by insulting its religion or religious beliefs.
              Disturbing religious assembly.
              Uttering, words, etc., with deliberate intent to wound the religious
               feelings of any person.
      Case Law:
      1.   Saidullah Khan v. State of Madhya Pradesh, AIR 1955 Bhopal 23
      2.   Soban Ram v. Crown, 67 IC 686
      3. Atmaran v. King Emperor, AIR 1924 Nag 121
11.   Offences Relating to Elections                                                   2 Hrs
          Bribery - Giving or accepting Gratification.
              Interference with Electoral Right.
              Publishing False Statement, Illegal Payments and False Statements,
               Failure to keep Election Accounts.
              Personation at Elections.
      Case Law:
      1. Indira Nehru Gandhi v. Raj Narian AIR 1975 SC 2299
      2. Ram Dial v. Sant Lal AIR 1959 SC 855
      3. M. Ambalgam v. State of Tamilnadu 1981 CRLJ 1179
      4. Babu Rao Patel v. Zakir Husain AIR 1968 SC 904
      5. Shiv Kripal Singh v. V.V. Giri AIR 1970 SC 2093
12.   Offences Affecting the Reputation                                                3 Hrs
              SVKM’s Narsee Monjee Institute of Management Studies
                    Name of School - Kirit P. Mehta School of Law
                 Defamation.
                 Exceptions to Defamation.
                 Punishment for Defamation.
                 Printing or engraving matter known to be defamatory.
               Sale of Printed or engraved substance containing defamatory
                material.
       Case Law:
        1. Narottamdas v. Patel Maganabhai Revabha (1984) CRLJ 1790 (Guj)
        2. Mukund Chitnis v. Madhuri Chitnis AIR 1992 SC 1840
        3. Chamanlal v. State of Punjab 1970 1 SCC 590
        Total                                                                    60 Hrs
 Text Books:
    1. The Indian Penal Code, 1860 (Bare Act).
    2. K. D. Gaur, A text Book on the Indian Penal Code, Universal Delhi.
    3. P. S. Achuthan Pillai, Criminal Law, Eastern Book Co.
 Reference Books:
    1. K. D. Gaur, Criminal Law Cases and Materials, Butterworths, India.
    2. Ratanlal & Dhirajlal’s Indian Penal Code, Butterworths Wadhwa, Nagpur.
 Any other information :
 Details of Internal Continuous Assessment (ICA):
          Specific assessments / methods                          Weightage
             Continuous assessment                                In per cent
  Research Paper (1500- 2000 word max)                                   20
  Seminar on Research Paper (in class)                                   10
  Viva on Research Paper (During Seminar)                                10
  Class Participation                                                    10
  Final Examination                                                      50
  Total                                                              100
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  Signature                                                             Signature
(Prepared by Ms. Afrin Khan)                                     (Approved by Dean)