Criminal law.power point....

LAW OF CRIMESLAW OF CRIMES  

ByBy

Dr.P.R.L.RAJAVENKATESANDr.P.R.L.RAJAVENKATESAN

Assistant Professor(Senior)Assistant Professor(Senior)

VIT Law SchoolVIT Law School

ChennaiChennai

Introduction Introduction

A System of Law concerned with the punishment of offenders. The term criminal law generally refers to substantive criminals laws. Substantive Criminal laws define crimes and may establish punishments.

CRIMECRIME

It is very difficult to give correct and precise definition of crime.Lord Atkin-Crime is an act or omission in respect of which legal punishment is inflicted on the person who is in default either by acting or omitting to act and criminal law relates to crimes and their punishment.

CRIMECRIME

Sir William Blackstone-Any act committed or omitted in violation of public law forbidding or commanding it. Crime is a violation of public rights and duties due to the whole community considered as community.

CRIMECRIME

John Austin- A Wrong which is pursued by the sovereign or his subordinates is a crime.

CRIMECRIME

Professor Kenny- Crimes are wrongs whose sanction is punitive and is in no way remissible by any private person, but is remission by the crown alone, if remissible at all.

CRIMECRIME

Professor Goodhart- Any act which is punishable by the state.Protection of the public welfare rather than the support of private interests –Which is the dominant purpose of this branch of the law.

CRIMECRIME

Halsbury’s Laws of England- A crime is an unlawful act or default which is an offence against public and renders the person guilty of the act or default liable to legal punishment.

CRIMINAL AND CIVILCRIMINAL AND CIVIL

1.Criminal law is only small part of the entire legal fields.2. Crimes differs from civil wrongs.3.Crimes-State4.Civil-Individual5. Crime is a public wrong, whereas a civil wrong is a private in nature.

LAW SYSTEMSLAW SYSTEMS

1. Common Law-its began as a result of the habit of the individuals and the custom of groups. England.2.Civil Law- Laws were written and codified by the rulers of the State. Roman Empire

PURPOSE PURPOSE OF CRIMINAL LAWOF CRIMINAL LAW

It attempts to Control human It attempts to Control human behaviorbehavior

Criminal Law is an offspring of Criminal Law is an offspring of personal vendettapersonal vendetta

Punishment for violators.Punishment for violators.

DEVELOPMENT OF DEVELOPMENT OF CRIMINAL LAW CRIMINAL LAW

The Code of Hammurabi,circa 2100 BC codified the rules- “An eye for an eye”. Defenses such as insanity, justification, excuses, intoxication and infancy were not considered.

HINDU SYSTEM HINDU SYSTEM

1.Arthasastra,Manu Smriti and Yajnavalkya.2.Manu-Ordinances relating to law and it stated about the duties of the kings.3. Dharma4.Yajnavalkya-Based on age and strength and wealth of the accused –consideration of the nature of the offence.

MOHAMMEDAN SYSTEMMOHAMMEDAN SYSTEM

It is originated from the Holy Koran Mughal Rule-Supplanted ancient

Hindu Penal Law. Sunni Mohammedans Theft-Hands were cut off Stoning –for illegal relationship Dearth sentence for affair with

women other than his wife.

BRITISH RULE BRITISH RULE

Regulation Act,1773-New Courts set up.

Lord Cornwallis judicial regulations-Zilla Court.

Bombay Code-1827

HISTORY OF IPCHISTORY OF IPC

The Charter Act of 1833 provided for the appointment of a law member to the Council of the Governor General.

Thomas Babington Macaulay was appointed as law member on the council and assumed charge on 27 June 1834.

HISTORY OF IPCHISTORY OF IPC

On 14 October 1837, the Law Commission submitted the printed Draft Penal Code to Lord Auckland, the then Governor General in Council.

The Draft Code was revised clause by clause by the Commissioners, Charles Hay Cameron and D Elliot, who submitted their first report on 23 July 1846.These commissioners submitted the second and concluding report on 24 June 1847.

HISTORY OF IPCHISTORY OF IPC

The Draft Penal Code was then in 1851 referred to the judges of the Supreme Court of the three presidencies , the advocate general of Madras and other judges and jurists for their opinion.

The revised penal code was read for the first time in the legislative council on 28th December 1856.

HISTORY OF IPCHISTORY OF IPC

The Indian Penal Code published in the Calcutta Supplementary Gazette on 21, 24 and 28 January 1857.

It was then passed by the Legislative Council of India, and received assent of the Governor-General –in-Council on 6 October 1860. It was scheduled to come into force on 1 May 1861.

HISTORY OF IPCHISTORY OF IPC

Indian Penal Code ,1860 amended sparingly.

Only three chapters, namely, offences relating to criminal conspiracy, election and cruelty to married women, have been added to its original 23 chapters.

PUNISHMENTPUNISHMENT

According to Jeremy Bentham punishment is evil in the form of remedy which operates by fear.

Johan Finnish has said that delinquent behavior of a person needs to be taught lesson not with melody but with iron hand.

THEORIES OF THEORIES OF PUNISHMENTPUNISHMENT

DETERRENT THEORYDETERRENT THEORY RETREBUTIVE THEORYRETREBUTIVE THEORY PREVENTIVE THEORYPREVENTIVE THEORY REFORMATIVE THEORYREFORMATIVE THEORY

DETERRENT THEORYDETERRENT THEORY

Bentham treats the committed offences as an act of past, that should be used as opportunity of punishing the offenders in such a way that the future offences could be prevented.

The number of crimes committed aftermath Indira Gandhi assassination. Same thing happened in Gujarat when the Godhra incidence took communal shape which led to break down of law and order.