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Defination of Crime

notes of forensic science

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Sachin Lalchhote
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0% found this document useful (0 votes)
16 views15 pages

Defination of Crime

notes of forensic science

Uploaded by

Sachin Lalchhote
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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defination of crime

Here's a comprehensive definition of crime:

Definition of Crime

Crime is an act or omission that constitutes an offense against the laws of a country or region,
punishable by the state or other authority.

Key Elements of Crime

1. Act or Omission: A crime can be committed through an action (e.g., theft) or a failure to act (e.g.,
neglect).

2. Laws of the Land: Crimes are defined by the laws of a particular country or region.

3. Punishable by the State: Crimes are punishable by the state or other authority, such as fines,
imprisonment, or other penalties.

Types of Crimes

1. Felony: Serious crimes, such as murder, rape, or robbery.

2. Misdemeanor: Less serious crimes, such as theft, vandalism, or disorderly conduct.

3. White-Collar Crime: Crimes committed by individuals or organizations for financial gain, such as fraud
or embezzlement.

Sources of Crime Definition

1. United Nations: The UN defines crime as "any act or omission that constitutes an offense against the
laws of a country."
2. International Criminal Court: The ICC defines crime as "any act or omission that constitutes a crime
under international law."

3. National Laws: Each country has its own definition of crime, as outlined in its laws and regulations.

essential and stage of crime

Here are the essential elements and stages of crime:

Essential Elements of Crime

1. Actus Reus: The guilty act or omission that constitutes the crime.

2. Mens Rea: The guilty mind or intention to commit the crime.

3. Causation: The act or omission must cause harm or injury to the victim.

4. Harm: The crime must result in harm or injury to the victim.

5. Legality: The act or omission must be prohibited by law.

Stages of Crime

1. Preparation: Planning and preparing to commit the crime.

2. Attempt: Taking steps to commit the crime, but failing to complete it.

3. Perpetration: Actually committing the crime.

4. Completion: Completing the crime and achieving the desired outcome.

5. Escape: Attempting to avoid detection and punishment after committing the crime.

Additional Stages
1. Incitement: Encouraging or persuading someone to commit a crime.

2. Conspiracy: Agreeing with one or more people to commit a crime.

3. Aiding and Abetting: Assisting or supporting someone in committing a crime.

Here's the explanation:

Cognizable and Non-Cognizable Offenses

- Cognizable Offenses: These are serious crimes, such as murder, rape, or kidnapping, where the police
can arrest the accused without a warrant.

- Examples: Murder, Rape, Kidnapping, Robbery

- Non-Cognizable Offenses: These are less serious crimes, such as theft or assault, where the police
cannot arrest the accused without a warrant.

- Examples: Theft, Assault, Cheating, Forgery

Bailable and Non-Bailable Offenses

- Bailable Offenses: These are crimes where the accused has the right to be released on bail.

- Examples: Theft, Assault, Cheating, Forgery

- Non-Bailable Offenses: These are serious crimes where the accused does not have the right to be
released on bail.

- Examples: Murder, Rape, Kidnapping, Robbery

Key Differences

- Cognizable offenses are serious crimes where the police can arrest without a warrant, while non-
cognizable offenses are less serious crimes where a warrant is required.
- Bailable offenses allow the accused to be released on bail, while non-bailable offenses do not
provide this option.

Indian Penal Code (IPC) Sections

- Cognizable offenses: IPC Sections 302 (Murder), 376 (Rape), 365 (Kidnapping)

- Non-cognizable offenses: IPC Sections 379 (Theft), 323 (Assault), 420 (Cheating)

- Bailable offenses: IPC Sections 379 (Theft), 323 (Assault), 420 (Cheating)

- Non-bailable offenses: IPC Sections 302 (Murder), 376 (Rape), 365 (Kidnapping)

compoundable and non compoundable offence


Here's the explanation:

Compoundable Offenses

Definition: Compoundable offenses are those that can be settled out of court by the parties
involved, with the permission of the court.

Characteristics:

+ Can be settled out of court

+ Permission of the court required

+ No trial or conviction required

Examples: IPC Sections 325 (Voluntarily causing grievous hurt), 504 (Intentional insult), 506
(Criminal intimidation)

Non-Compoundable Offenses
Definition: Non-compoundable offenses are those that cannot be settled out of court and
must be tried in a court of law.

Characteristics:

+ Cannot be settled out of court

+ Must be tried in a court of law

+ Trial and conviction required

Examples: IPC Sections 302 (Murder), 376 (Rape), 365 (Kidnapping)

Key Differences

- Compoundable offenses can be settled out of court, while non-compoundable offenses must
be tried in a court of law.

- Compoundable offenses require the permission of the court, while non-compoundable


offenses do not.

Indian Penal Code (IPC) Sections

- Compoundable offenses: IPC Sections 325, 504, 506

- Non-compoundable offenses: IPC Sections 302, 376, 365

kinds of punishmenents historical background of penal code in


india classification of offence criminal conspiracy
Here's the information:
Kinds of Punishments

1. Capital Punishment: Death penalty, imposed for severe crimes like murder or treason.

2. Imprisonment: Confining the offender in a prison or jail.

3. Fine: Imposing a monetary penalty on the offender.

4. Forfeiture: Confiscating the offender's property or assets.

5. Corporal Punishment: Physical punishment, such as whipping or caning.

Historical Background of Penal Code in India

1. Indian Penal Code (IPC) 1860: Introduced by the British colonial government, it was based
on the English Penal Code.

2. Influence of Macaulay: Thomas Babington Macaulay, a British historian and politician,


played a significant role in drafting the IPC.

3. Amendments and Reforms: The IPC has undergone several amendments and reforms since
its introduction, including the addition of new sections and the modification of existing ones.

Classification of Offences

1. Cognizable Offences: Serious crimes, such as murder or rape, where the police can arrest
without a warrant.

2. Non-Cognizable Offences: Less serious crimes, such as theft or assault, where a warrant is
required for arrest.

3. Bailable Offences: Crimes where the accused has the right to be released on bail.

4. Non-Bailable Offences: Serious crimes where the accused does not have the right to be
released on bail.
Criminal Conspiracy

1. Definition: An agreement between two or more persons to commit an unlawful act.

2. Essential Elements: (1) Agreement between two or more persons, (2) intention to commit
an unlawful act, and (3) overt act in furtherance of the conspiracy.

3. Punishment: Imprisonment or fine, depending on the severity of the conspiracy.

4. Examples: Conspiracy to commit murder, conspiracy to commit robbery, conspiracy to


commit terrorism.

Offence affecting the human body


culpable homicide ,murder, dowry death, attempt to murder
Here's the information:

Culpable Homicide

Definition: Causing death by doing something with the intention of causing death, or with the
knowledge that it is likely to cause death.

Punishment: Imprisonment for life, or imprisonment for a term of up to 10 years, and a fine.

IPC Section: 299

Murder

Definition: Causing death with the intention of causing death, or with the knowledge that it is
likely to cause death.

Punishment: Imprisonment for life, or imprisonment for a term of up to 10 years, and a fine.
IPC Section: 302

Dowry Death

Definition: Causing the death of a woman within seven years of marriage, where the death is
related to demands for dowry.

Punishment: Imprisonment for a term of up to seven years, and a fine.

IPC Section: 304B

Attempt to Murder

Definition: Attempting to cause death, with the intention of causing death, or with the
knowledge that it is likely to cause death.

Punishment: Imprisonment for a term of up to 10 years, and a fine.

IPC Section: 307

hurt grievous hurt


Here's the information:

Hurt

Definition: Causing physical harm or injury to another person.


Punishment: Imprisonment for a term of up to one year, or a
fine of up to ₹1,000, or both.
IPC Section: 319

Grievous Hurt

Definition: Causing serious physical harm or injury to another person, including:

+ Emasculation

+ Permanent privation of the sight 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 a bone or tooth

+ Any hurt which endangers life or which causes the sufferer to be during the space of twenty
days in severe bodily pain, or unable to follow his ordinary pursuits

Punishment: Imprisonment for a term of up to seven years, and a fine.

IPC Section: 320

wrongful restrain and wronful confinement, assault or


criminal force to
Here's the information:

Wrongful Restraint
Definition: Restricting someone's movement or actions without their consent, or without
lawful authority.

Punishment: Imprisonment for a term of up to one month, or a fine of up to ₹500, or both.

IPC Section: 341

Wrongful Confinement

Definition: Confining someone to a particular place without their consent, or without lawful
authority.

Punishment: Imprisonment for a term of up to one year, or a fine of up to ₹1,000, or both.

IPC Section: 342

Assault

Definition: Intentionally causing fear or apprehension of harm to someone.

Punishment: Imprisonment for a term of up to three months, or a fine of up to ₹500, or both.

IPC Section: 351

Criminal Force

Definition: Using force against someone without their consent, or without lawful authority.

Punishment: Imprisonment for a term of up to three months, or a fine of up to ₹500, or both.

IPC Section: 349

Assault or Criminal Force to Woman with Intent to Outrage her Modesty


Definition: Using assault or criminal force against a woman with the intention of outraging
her modesty.

Punishment: Imprisonment for a term of up to two years, or a fine, or both.

IPC Section: 354

women with intent to outage yher modest kidnapping and


abduction sexual offenses
Here's the information:

Assault or Criminal Force to Woman with Intent to Outrage her Modesty

Definition: Using assault or criminal force against a woman with the intention of outraging
her modesty.

Punishment: Imprisonment for a term of up to two years, or a fine, or both.

IPC Section: 354

Kidnapping

Definition: Taking a person away against their will, or without their consent.

Punishment: Imprisonment for a term of up to seven years, and a fine.

IPC Section: 363

Abduction
Definition: Taking a person away against their will, or without their consent, with the
intention of committing an offense.

Punishment: Imprisonment for a term of up to seven years, and a fine.

IPC Section: 365

Sexual Offenses

1. Rape: Non-consensual sexual intercourse with a woman.

- Punishment: Imprisonment for a term of up to seven years, and a fine.

- IPC Section: 376

2. Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or other
verbal or physical conduct of a sexual nature.

- Punishment: Imprisonment for a term of up to three years, and a fine.

- IPC Section: 354A

3. Sexual Assault: Non-consensual physical contact of a sexual nature.

- Punishment: Imprisonment for a term of up to five years, and a fine.

- IPC Section: 354B

offence of theft extortion robbery dacoity and there


punishment dishonest misappropriation of property
Here's the information:

Theft

Definition: Dishonestly taking or moving any movable property with the intention of
depriving the owner of it.
Punishment: Imprisonment for a term of up to three years, or a fine, or both.

IPC Section: 378

Extortion

Definition: Unlawfully obtaining property from someone by threatening or putting them in


fear.

Punishment: Imprisonment for a term of up to three years, or a fine, or both.

IPC Section: 383

Robbery

Definition: Committing theft while using force or threatening to use force.

Punishment: Imprisonment for a term of up to seven years, and a fine.

IPC Section: 392

Dacoity

Definition: Robbery committed by five or more people.

Punishment: Imprisonment for a term of up to seven years, and a fine.

IPC Section: 395

Dishonest Misappropriation of Property


Definition: Dishonestly misappropriating or converting to one's own use any movable
property.

Punishment: Imprisonment for a term of up to two years, or a fine, or both.

IPC Section: 403

criminal brance of trust receving of stolen property and


offense of cheating with punishment

Here's the information:

Criminal Breach of Trust

Definition: Dishonestly misappropriating or converting to one's own use any property


entrusted to them.

Punishment: Imprisonment for a term of up to seven years, and a fine.

IPC Section: 406

Receiving Stolen Property

Definition: Dishonestly receiving or retaining stolen property, knowing or having reason to


believe it to be stolen.

Punishment: Imprisonment for a term of up to three years, or a fine, or both.

IPC Section: 411


Offenses of Cheating

1. Cheating: Dishonestly inducing someone to deliver property or to make, alter, or destroy a


valuable security.

- Punishment: Imprisonment for a term of up to one year, or a fine, or both.

- IPC Section: 417

2. Cheating by Personation: Cheating by impersonating someone else.

- Punishment: Imprisonment for a term of up to three years, or a fine, or both.

- IPC Section: 419

3. Punishment for Cheating: Imprisonment for a term of up to seven years, and a fine.

- IPC Section: 420

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