IPC on extra territorial offences

• Territorial Jurisdiction of the Indian Criminal Courts.

1. Any citizen India
2. Any person on any ship or aircraft registered in India

• Crimes committed outside India (crime committed

o/s India but person found in India)
1. He may be given up for trial in the country where the
fraud was committed
2. He may be tried in India

• Liability of foreigner
The term “any person” includes foreigner.
 Stages/Element of crime
• Intention to commit crime.
• Preparation to commit crime.
• Attempt to commit crime.
• Commission

Essentials of crime
• A man is under a legal obligation to act in one
way.
• That man has an ill motive and he acts in
furtherance thereof.
• That act results in injury to another man or to
society.
 Nothing is an offence which is done in
the exercise of private defense.
• Right of private defense
1. There is no right of private defense under the code against any act which is not
in itself an offence under the code.
2. The right of private defense cannot be pleaded by persons who, believing they
will be attacked, court the attack.
3. The accused has to specifically plead the right of private defense.
4. Where a party of men are determined to vindicate their right by unlawful force,
and they engage in a fight with another party of men, equally determined to
vindicate their right by unlawful force, no question of the right of private defense
can arise.

• Right of private defense of body

1. S.97- every person has a right to defend his own body or that of another , against
any offence affecting the human body.
2. S.98- every person has the right of private defense of the body against an act,
which would otherwise be a certain offense by reason of the doer being of
unsound mind, a minor, an intoxicated person acting under misconception of
fact.

• Acts against which there is no right of private defense of body

1. Public servant
2. Protection of public authorities and extent of right.
 Discuss the law relating to the offence
of deflamation with exceptions.
• Essentials of deflamation
1. Making or publishing any imputation concerning any person.
2. Such imputation must have been made by:
 Words, spoken or written;
 Signs;
 Visible representations.
3. Such imputation must have been made either with the intention to harm, or knowing or
having reason to believe that it will harm, the reputation of the person concerning whom it
is made.

• Exemptions to a person of criminal liability for deflamation

1. public good
2. Public conduct of public servants
3. Conduct of any person touching any public questions
4. Reports of proceedings of courts
5. Merits of a case or conduct of witnesses
6. Merits of public performance
7. Bona fide censure
 ESSENTIALS OF UNLAWFUL ASSEMBLY
• There must be the combination of several persons, united for the
purpose of committing criminal offence.
• The assembly must consist of 5 or more persons-Thus, the least
number must be five. An assembly of 4 persons or less cannot be
an unlawful assembly.
• The must have one or more of the objects of unlawful assembly.
• An assembly which is not unlawful in its inception does not
become an unlawful assembly.
• The assembly which may not be unlawful in the beginning, may
become unlawful afterward.
• When 2 factions fight, the members do not become members of
an unlawful assembly, because they have no common object.

ESSENTIALS OF RIOTS
• That the accused, being 5 or more in number, formed an
unlawful assembly;
• That they were animated by common unlawful object;
• That force or violence were used by the unlawful assembly or
any member of it;and
• That such force was used in prosecution of the common
object.
Essentials of theft
• Dishonest intention to take property
• The property must be movable
• It should be taken out of the possession of
another person
• The property should be taken without the
consent of the person in possession of it
• There must be some removal of the
property in order to accomplish the taking
of it
Essentials of extortion
• Intentionally putting any person
in fear of injury to himself or
another; and honesty
• Dishonestly inducing such
person to deliver any property
or valuable security to any
person

Essentials of robbery Essentials of theft

• In all robbery, there is either theft • 5 persons attempting to commit
or extortion, wrongful restraint or robbery 5 persons committing
fear of such death, etc. The use of robbery, or 1 person committing
violence will not convert the robbery+4 present and aiding in its
offence of theft into robbery, unless commission, or 1 person attempting
the violence be committed for one robbery+4 present and aiding the
of the ends specified in the section. attempt.
 Difference between wrongful
confinement and wrongful restraint
• Wrongful confinement is a form of ‘wrongful restraint’.
It is the keeping a man within limits out of which he
wishes to go and has a right to go. By wrongful
restraint is meant keeping a man out of a place where
he wishes to be or has a right to go.
• In wrongful confinement, a person is restrained from
proceeding in all directions beyond a certain area; in
wrongful restraint, he is restrained from proceeding in
some particular direction, through free to proceed
elsewhere. The difference between them is only the
distinction between obstruction in one direction and
obstruction on all sides.
• Wrongful confinement is more serious offence than
wrongful restraint. It is punishable with imprisonment
for 1 year, or fine of Rs.1000 or both, whereas
wrongful restraint is punishable with imprisonment for
1 month, Rs. 500 or both.
Different ways of abetment
• Abetment by instigation
• Abetment by conspiracy
• Abetment by aid
General provisions regarding abetment
• To constitute the offence of abetment, it is not necessary that the act
abetted should be committed or that the effect requisite to constitute the
offence should be caused.
• to constitute the offence of abetment, it is not necessary that the person
abetted should-
i. Be capable by law of committing an offence, or
ii. Have the same guilty intention or knowledge as that of the bettor, or
any guilty intention or knowledge.
• To constitute the offence of abetment by conspiracy, it is not necessary
that abettor should concert the offence with the person who commits it
• The abetment of the illegal omission of an act may amount to an
offence although the abettor may not himself be bound to do that act
• When the abetment of an offence is an offence the abetment of such an
abetment is also an offence.
CUPABLE HOMICIDE
• HOMICIDE
DIFFERENCE BETWEEN FORCE,
CRIMINAL FORCE & ASSAULT
Essentials of criminal misappropriation
of asset
• Dishonest misappropriation or conversion of
property for a person’s own use; and
• Such property must be movable.

Essentials of criminal breach of trust

• That the accused was entrusted with property or with dominion
over it;
• That he dishonestly (i)misappropriated it, or (ii) converted it to his
own use, or (iii)used it, or (iv) disposed it of;
• That he (or some other person at his instance) did so in violation of
(i) any directing of law prescribing the mode in which trust is to be
discharged, or any legal contract (expressed or implied) which he
had made touching the discharge of such trust.
 Distinction between criminal
misappropriation and criminal breach
of trust
Criminal misappropriation
In Criminal misappropriation property
comes into the possession of the accused
in some natural manner
In Criminal misappropriation property
comes into the possession of the offender
by some casualty or otherwise and he
afterwards misappropriates it.
In Criminal misappropriation there is no
contractual relationship.
Criminal misappropriation does not
include Criminal breach of trust.
Criminal breach of trust
In Criminal breach of trust the property
comes into the possession of the accused
either by an express entrustment or by
some process of law placing the accused
in a position of a trustee.
In Criminal breach of trust the offender is
lawfully entrusted with the same or
willfully suffers any other person to does
instead of discharging the trust attached
to it.
Such relationship exists in the case of
criminal breach of trust.
Criminal breach of trust includes Criminal
misappropriation also.
 Essentials of kidnapping from India
• That the person kidnapped was, at the time of the offence,
in India.
• That the accused conveyed him (or her) beyond the limits
of India
• That the accused did so without (i) His Consent or (ii) The
Consent of another legally authorized to consent on his
behalf.
Essentials of kidnapping from Lawful Guardianship
• That the person kidnapped was then (i) A minor under 16 years of
Age, If male or under 18 years, If a female, or that (ii) He was
Insane.
• That such person was in the keeping of a Lawful Guardian
• That the accused took or enticed such Minor out of such keeping
• That he did so without the Consent of Lawful Gaurdian
DIFFERENCE BETWEEN KIDNAPPING
AND ABDUCTION
 GRIEVOUS HURT
• Emasculation
• Permanent privation of the site of either eye
• Permanent privation of the hearing of either ear
• Privation of any member or joint
• Destruction or permanent impairing of the
powers of any member or joint
• Permanent disfiguration of the head or face
• Fracture or dislocation of bone or tooth
• Any hurt which endangers life
 ESSENTIALS OF AFFRAY
• That the accused and another
person (or other persons were
fighting
• That such fight was in public
place
• That the fight disturbed the
public peace
ESSENTIALS OF CRIMINAL TRESPASS
• Entry into or upon the property in
the possession of another
• If such entry is lawful then
unlawfully remaining upon such
property
• Such entry or unlawful remaining
must be with the intent-
i. To commit an offence; or
ii. To intimidate,or insult, or annoy
any person in possession of the
property
ESSENTIALS OF HOUSE BREAKING
• A person must commit house
trespass; and
• He must effect his entrance into the
house or any part of the six ways
mentioned in Sec 445 or If he was in
the house or any part of it for the
purpose of committing an offence, He
must quit in any of those Six ways
ESSENTIALS OF GIVING FALSE EVIDENCE OR
PERJURY
• A person must be legally bound
by an oath or by an express
provision of Law to state the
truth
• The person must be legally
bound to make a declaration
upon any subject
• He must make a false statement
• He must (i) know or believe the
statement to be false , or (ii) not
believe it to be true
 INGREDIENTS OF FABRICATING FALSE
EVIDENCE
• The accused must have caused a certain circumstance to exist or
made a false entry in a book or document
• The accused must have done the above acts with the intention of
that it might appear in evidence in a judicial proceeding before a
public servant or an arbitrator
• It is necessary that the person conducting the proceeding had to
form an opinion upon the evidence
• The accused must have done on of the acts with the intention that
it might cause the person conducting the proceeding to entertain
an erroneous opinion
• Such erroneous opinion must relate to a point which is material to
the result of the proceeding
• Intention is the gist of fabricating false evidence.
• As soon as the false evidence is fabricated, the offence is complete.
 DIFFERENCE BETWEEN ASSAULT &
AFFRAY
• An assault can take place anywhere either in public place or in private whereas
an affray can be committed in public place only
• Assault is an affray against the person of an individual whereas affray is an
offence against public peace
• Assault may be committed by one or more persons whereas affray must be
committed by two or more
• Assault is punishable with 3 months or Rs. 500 whereas affray is punishable
with 1 month or Rs. 100.It is therefore less serious an offence than assault

ESSENTIALS OF ADULTERY
• That the accused had sexual intercourse with the women in question
• That she was the lawful married wife of another man
• That the accused knew or had reason to believe that she was lawfully
married wife of another man
• That the husband of the woman did not consent to or connive at such
intercourse
• That the sexual intercourse so had did not amount to rape
 ESSENTIALS OF RAPE
• The rape is the forcible ravishment of a women and the
essence of the crime consists in the act being done against
the will or without the consent of the woman . A man is said
to commit rape who has sexual intercourse with a women-
• Against her will , or
• Without her consent , or
• With her consent:
 Obtained by putting her in fear of death or hurt, or
 When he knows that he is not her husband and that her
consent is given because she believes that he is another man
to whom she is or believes herself to be , lawfully married: or
• With or without her consent when she is under 16 years of
age.
DIFFERENCE BETWEEN ADULTERY AND
RAPE
ADULTERY RAPE
1.WOMAN- (A) Rape can be committed on any woman ,
(A) Adultery takes place only when the woman married or unmarried
is the wife of some other person(B) Adultery (B) Rape can be committed on any woman
cannot be committed with an unmarried
woman or with the married woman whose
husband consents it

2.Consent of Woman-the woman is a willing The offence is committed against the will and
and consenting party without the consent of woman

3.It cannot be committed by a husband on his Yes, if the Wife is below 15 years of age
own wife
4. Offence is against what-Against marriage Against the person of the woman

5.Who is the aggrieved party-The husband The woman herself

6.How punished-Five years ,or fine or both Imprisonment for life or 10 years or fine or
both
Distinguish between Preparation &
Attempt
 A MISTAKE OF FACT IS A GOOD
DEFENCE BUT A MISTAKE OF LAW IS
NOT
• Acts done by a person bound or
by mistake of fact believing
himself bound by law
• Acts done by a person justified
,or by mistake of fact believing
himself justified by law
 NOTHING IS AN OFFENCE MERELY BY REASON OF ITS BEING
DONE WITH THE KNOWLEDGE THAT IT IS LIKELY TO CAUSE
HARM, IF IT BE DONE WITHOUT ANY CRIMINAL INTENTION TO
CAUSE HARM AND IN GOOD FAITH FOR THE PURPOSE OF
PREVENTING OR AVOIDING OTHER HARM TO PERSON OR
PROPERTY

• Act done to avoid other

harm
• Harm must be done
without criminal intention
 PUNISHMENTS UNDER IPC
• Death
 waging war against the state
 abetting mutiny actually committed giving or fabricating false evidence upon which an
innocent person suffers death
 Murder
 Abettment of suicide of an insane or an intoxicated person
 Dacoity with murder
 Attempt to murder by a person under a sentence of imprisonment for life, if hurt is caused
• Imprisonment
• Forfeiture of property
• Fine
 A person in charge of a vessel negligently allowing a deserter to conceal himself
 An owner or occupier of land on which riot is committed , not using means to prevent it
 Bribery by treating a person with drinks, etc
 False statement in connection with an election
 Failure to keep election accounts
 Committing public nuisance
 Voluntary vitiating the atmosphere
 Essentials of Criminal Course
• There must be an intentional use of force to
any person
• Such force must have been used without that
person’s consent
• It must have been used –
 In order to the committing of any offence; or
 with the intention to cause injury, fear or
annoyance to the person to whom it is used
ESSENTIALS OF CHEATING
• There must be deception by the accused
• This deception must be either
 fraudulently or dishonestly inducing the complaint-
o To deliver any property to any person; or
o To consent that any person shall retain any property;
or
 intentionally inducing the complain to do or omit to do
anything which he would not do or omit if he were not
so deceive, and which act or omission causes or is likely
to cause damage or harm to the complainant in body,
mind , reputation or property
 The purpose of punishment

• Deterrent theory of punishment

• Preventive theory of punishment
• Reformative theory of punishment
• Retributive theory of punishment
• Theory of compensation