CRIMINAL LAW

INTRODUCTION

The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code expected to cover all meaningful aspects of criminal law. The code was drafted on the suggestions of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. It came into power in British India during the early British Raj time frame. However, it did not apply automatically in the Princely states, which had their own courts and general sets of laws until the 1940s. The Code has since been amended a few times and is presently enhanced by other criminal provisions.

Criminal law is a collection of rules and resolutions that characterizes conduct precluded by the state since it comprises and damages public security and welfare and that sets up discipline to be forced for the commission of such acts. Criminal law contrasts from civil law, whose accentuation is more on dispute resolution than in punishment.

The primary civilisations for the most part didn’t recognize civil law and criminal law. The initially composed codes of law were planned by the Sumerians around 2100 – 2500 BC. Another significant early role was the Code Hammurabi, which framed the center of Babylonian law. These early codes didn’t separate penal and civil laws. After the revival of Roman law in the twelfth century, 6th century Roman characterizations and law gave the establishments of the differentiation among criminal and civil law in European law from that point until now. Starting here, criminal law had formalized the components for authorization, which took into consideration its improvement as a recognizable element.                            

CRIME

Crime means wrongs done by people. It approves the curse of State punishment. A human conduct that is accepted to be unfriendly to the social interests is considered as crime. The reason for criminal law is to communicate a proper social condemnation of illegal lead, upheld by sanctions to forestall it.

As per Blackstone, ‘a crime is an act committed or omitted, in violation of a public law either forbidding or commanding it’. A crime is essentially an act which a specific social group sees as adequately harmful to its fundamental interests.

The maxim actus non facit reum, nisi mens sit rea (the act does not amount to guilt, it must be accompanied by guilty mind) is considered as the fundamental condition to charge somebody against penal liability for example mere guilty act and mere guilty mind are independently not sufficient, there must be a nexus between the two.

ESSENTIAL ELEMENTS  TO CONSTITUTE CRIME :

Mens Rea – It is the guilty mind needed for the commission of an offense. Mens Rea is the evil intention or knowledge to do an improper demonstration voluntarily in conscious state of mind. It is the natural result of a man’s external act and not the state of his mind. There should be a concurrence of mens rea and actus reus to constitute a crime.

Actus Reus – It is such aftereffect of human conduct which law forbids i.e. the guilty act. An act might be positive or negative (omission). Wrongful act which causes damage or annihilation to any individual or property is perused as guilty act.

Punishment – In order to call a wrongful act as crime it ought not exclusively be disallowed by the law yet ought to likewise be punishable by the State. The central point of criminal law is to punish the guilty parties. The reason for punishment is to keep a criminal from repeating the offense.

NATHUNI YADAV VS. STATE OF BIHAR

In this case it was held that motive isn’t a perquisite for conviction of an offense; it has simple evidentiary value and simple absence or presence of rationale won’t make an individual blameworthy or guiltless.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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