FIVE-YEAR INTEGRATED LAW COURSE

BA LL.B. (Hons.) and BBA LL.B. (Hons.)

III Semester

Law of Crimes - I

FACULTY OF LAW
UNIVERSITY OF DELHI
 Course Name: Law of Crimes-I: Bharatiya Nyaya Sanhita, 2023

Course Credits: 6

Course Objectives:

The primary objectives of this course are

● To familiarize the students with the key concepts regarding crime and general
principles of Criminal Liability.
● To expose the students to the range of mental states that constitute the mental element
mensrea essential to constitute criminal behavior and the grounds that provide
exemption from criminal liability.
● To educate the students about the shift of orientation in Bhartiya Criminal justice
system from punishments towards Nyaya and introduction of the community service
as a form of punishment.
● To teach students about acts that amount to specific offences under the Bhartiya
Nyaya Sanhita along with the latest legislative and judicial developments in the field
of Criminal Law.

Course Learning Outcomes:

Upon successful completion of this course, the students shall gain the competence to
1. Identify the elements of a crime and distinguish between behaviours that entail civil
or criminal liability
2. Be familiar with the range of specific offences provided under the Bharatiya Nyaya
Sanhita, 2023
3. Assess and analyze the statutory provisions in the light of settled legal principles

Prescribed Legislation:

● Bharatiya Nyaya Sanhita, 2023

Prescribed Books:

● R.C. Nigam, Law of Crimes in India (Asia Publishing House, Vol I, 1965)
● Deswal Vageshwari & Kansal Saurabh, Bharatiya Nyaya Sanhita, 2023 Law and
Practice (Taxmann, New Delhi, 2024)
● Misra, S.N. The Indian Penal Code. (Eastern Book Company, Lucknow, 2012)
● RatanLal & DhirajLal, Indian Penal Code, (Lexis Nexis XXXII ed. 2013)
● K.D. Gaur, Criminal Law: Cases and Materials, (Butterworths: VIII ed., 2015)
● K.N.C. Pillai & Shabistan Aquil (Rev.), Essays on the Indian Penal Code (The Indian
Law Institute, New Delhi, 2005)
● Gour, Hari Singh, Commentaries on Penal Law of India. In 4 vol.(Allahabad Law
Publishers, X ed, 2014))
 COURSE CONTENTS
General Principles of Criminal Liability (Units 1-4)
Specific Crimes (Unit 5-10)

Unit 1
Elements of Crime
● Distinction between Civil and Criminal liability
● Principle of Mens rea and Strict liability
● Types of Punishments prescribed under BNS, 2023 (S. 4-13)
● Retention of Death Penalty and Introduction of Community
Service

Case Laws
● State of Maharashtra v. Mayer Hans George, AIR 1965 SC 722
● State of MP v. Narayan Singh, (1989) 3SCC 596
● Machhi Singh and Others v. State of Punjab, AIR 1983 SC 957

Unit 2
General Exceptions (S. 22, 23, 24, 34-44)
● Unsoundness of Mind
● Intoxication
● Private Defence
Case Laws
● Basdev v. State of PEPSU AIR 1956 SC 488
● Srikant Anandrao Bhosale v. State of Maharshtra (2003) 7 SCC 748
● Deo Narain v. State of UP AIR 1973 SC 473
● James Martin v. State of Kerala (2004) 2 SCC 203

Unit 3
Inchoate Crimes (S. 45-62, 107-109, 226)
● Abetment
● Criminal Conspiracy
● Attempt

Case Laws
● Satvir Singh v. State of Punjab AIR 2001 SC 2828
● State of Tamil Nadu v. Nalini and 25 others (AIR 1999 SC 2649)
 ● State of Maharashtra v. Mod. Yakub (1980)3 SCC 57
● Gian Kaur v. State of Punjab (1996) 2 SCC 648

Unit 4
Joint Liability and Group Liability
● Common Intention [S. 3(5)(6)(7)(8)(9)]
● Common object, Unlawful Assembly (S. 189)

Case Laws
● Suresh v. State of UP (2001) 3 SCC 673
● Maina Singh v. State of Rajasthan (1976) 2 SCC 827

Unit 5
Offences against Woman
● Sexual Offences (S. 63-73)
● Of Criminal force and Assault against Woman (S.74-79)
● Offences relating to marriage (S. 80-87)

Case Laws
● Kanwar Pal Singh Gill v. State (Adm., U.T. Chandigarh) through Secy.,
(2005) 6 SCC 161
● State of Punjab v. Gurmit Singh, (1996) 2 SCC 384
● Independent Thought v. Union of India (2017) 10 SCC 800
● Social Action Forum for Manav Adhikar and Another v. Union Of India and Ors.
Minstry Law and Justice and others AIR 2018, SC 4273

Unit 6
Offences affecting Human Body (Part 1)
Offences affecting Life (S. 100-105)
● Culpable Homicide
● Murder

Case Laws
● Rawalpenta Venkalu v. State of Hyderabad, AIR 1956 SC 171
● Palani Goundan v. Emperor, 1919 ILR 547
● In re Thavamani, AIR 1943 Mad 571
● Emperor v. Mushnoorunarayna Murthy (1912) 22 MLJR 333 Mad
● Virsa Singh v. State of Punjab, AIR 1958 SC 465
 ● State of A P v. R, Punnayya, AIR 1977 SC 45
● Emperor v. Dhirajia, AIR 1940 All. 486
● Gyarsibai v. The State AIR 1953 M.B. 61
● KM Nanavati v. State of Maharashtra AIR 1962 SC 605
● Ghapoo Yadav v. State of MP (2003) 3 SCC 528

Unit 7
Offences affecting Human Body (Part II)
Offences affecting Life (S. 106, 11, 112, 113)
● Causing Death by Negligence
● Organised Crime
● Petty Organised Crime
● Terrorist Act

Case Laws
● Cherubin Gregory v. State of Bihar AIR 1964 SC 205
● SN Hussain v. State of Andhra Pradesh, AIR 1972 SC 685

Unit 8
Specific Crimes against Children, Human Body and the State
(S. 137, 138, 143, 95, 98, 99, 152)
● Kidnapping
● Abduction
● Trafficking
● Hiring/ employing/ engaging a child to commit an offence
● Selling/buying child for purpose of prostitution, etc.
● Act endangering Sovereignty, Unity and Integrity of India

Case Laws
● S. Vardarajan v. State of Madras, AIR 1965 SC 942
● Thakorlal D. Vadgama v. State of Gujarat AIR 1973 SC 2313
● Vinod Dua v. Union Of India AIR 2021 SC 3239
 Unit 9
Offences against Property (Part-1)
(S. 2 (21), 303-313)
● Theft
● Extortion
● Robbery
● Dacoity
Case Laws
● Pyare Lal Bhargava v. State of Rajasthan AIR 1963 SC 1094
● State of Karnataka v. Basavegowda (1997) Cr. L.J. 4386 (kant) 288

Unit 10
Offences against Property (Part-II)
(S. 314-316, 318, 319)
● Criminal Misappropriation of Property
● Criminal Breach of Trust
● Cheating

Case Laws
● Jaikrishandas Manohardas Desai v. State of Bombay, AIR 1960 SC 889
● Mahadeo Prasad v. State of West Bengal, AIR 1954 SC 724
● Akhil Kishore Ram v. Emperor, AIR 1938 Pat, 185