Skip to main content

Criminal Law

 


Introduction: Criminal law deals with the criminal, and helps to protect the societies and security of individual interests and ensure the survival of different groups in society. 

There are two types of criminal law: 

  1. Substantive law: In this law the substance defines law and punishment like IPC. The right and obligation that govern people and organization it include all law of general and specific applicability. 

  2. Procedural law: It include the procedure, and establish the legal rules by which substantive law is created, applied and enforced particularly in court. Example: CRPC CPC. Criminal Law 


The criminal law deals with the different kind crime took place in our society now question arises that what is the Crime? 

 Judge Blackstone defines crime as an act committed or omitted in violation of a public law either forbidding or commanding it. 

 Oxford Dictionary defines crime as an act punishable by law as forbidden by statute or injurious to the public welfare, not only against individual, but crime against the society. 

Offence and Crime 

Crime is an act or omission punishable by law. But the offence is a particular crime as per law all offence can be consider as a crime but crime didn’t consider as offence because the offence is a part of crime, crime is a broader term and offence is a part of crime.

Civil wrong and Criminal wrong 

Civil wrong is committed is committed against the individual, and criminal wrong are committed against the state or property. Civil; wrong are to enforce the right, while the criminal wrong are to punish the wrong doing, civil wrong are to determine the right and liability of the parties, while the criminal wrong are to determine whether the accused is guilty or not. In civil wrong damages, injunction specific and performed, in criminal wrong there is fine imprisonment or death penalties are remedies. 

There are two main component of the Crime. 

First is Mens Rea and second is Actus Reus.

Actus Reus: Actus Reus is a Latin phrase for guilty act. To prove crime against a person the essential ingredient to be prove is actus reus which mean to prove a crime there are some act is been done. It is a wrongful deed that comprises the physical components of a crime that must be coupled with mens rea for one to be held criminally liable. 

  1. Human action which is usually termed as conduct.

  2. The result of such act in the specified circumstances which is designated as injury.

  3. Such act as it prohibited by law. 

Mens Rea: it is a Latin phrase for guilty mind basically the state of mind. In a case the prosecution must prove that the defendant had the mental element or guilty mind while committing a crime to secure a conviction. When the act does it with a guilty mind, causing injury to an assailant in self dependence is not a crime but the movement injury is caused with the intent to take revenge the act become criminal likewise shooting in air is no crime but shooting with the intent to kill a man is crime.  



 

      

   
Labels:

Comments

Post a Comment

Popular posts from this blog

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting
4 comments
Read more

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla
12 comments
Read more

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more