CLAT PG Criminal Law Syllabus

Criminal Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Criminal Law in CLAT PG, not a summary of it.

1. 1

   Definitions

   1 topic

   • Crime, Offence, Punishment
2. 2

   Elements of Crime

   1 topic

   • Actus Reus and Mens Rea
3. 3

   General Defenses

   4 topics

   • Mistake
   • Accident
   • Necessity
   • Duress
4. 4

   Specific Offenses

   overview

   Examined as a single unit within Criminal Law — no further topic split in the official outline.

5. 5

   Offenses Against Person

   4 topics

   • Murder
   • Culpable Homicide
   • Assault
   • Battery
6. 6

   Offenses Against Property

   5 topics

   • Theft
   • Robbery
   • Dacoity
   • Criminal Misappropriation
   • Criminal Breach of Trust

Criminal Law flashcards for CLAT PG

21 of 50 cards from the Criminal Law deck — real questions with worked answers.

1. What are the four essential elements of a crime?

   (1) A human being (person) capable of committing the crime; (2) Mens rea (guilty mind/criminal intent); (3) Actus reus (the wrongful act or illegal omission); and (4) Injury caused to another. All four must generally coexist for criminal liability.

2. State the maxim 'Actus non facit reum nisi mens sit rea' and its significance in criminal law.

   It means 'an act does not make a person guilty unless the mind is also guilty.' It establishes that both a wrongful act (actus reus) and a guilty mind (mens rea) are normally required for criminal liability.

3. What is the difference between actus reus and mens rea?

   Actus reus is the external/physical element of a crime - the prohibited act or illegal omission and its consequences. Mens rea is the mental element - the intention, knowledge, or recklessness behind the act.

4. What are the four traditional stages in the commission of a crime?

   (1) Intention (mental resolve to commit the offence); (2) Preparation (arranging means/measures); (3) Attempt (a direct act towards commission after preparation); and (4) Commission/Accomplishment (the completed offence).

5. At which stage of crime does criminal liability generally begin, and why are intention and preparation usually not punishable?

   Liability generally begins at the attempt stage. Mere intention is not punishable because the law cannot reach a person's thoughts, and preparation is usually not punishable as it is difficult to prove and the person may still abandon the plan (with some statutory exceptions).

6. What constitutes an 'attempt' to commit a crime?

   An attempt is a direct movement towards the commission of an offence after preparations are made, done with the intention to commit it, where the act would have resulted in the crime but for an interruption or failure. It must go beyond mere preparation.

7. What is joint liability under Section 34 IPC (now Section 3(5) BNS), and what is its essential requirement?

   When a criminal act is done by several persons in furtherance of a common intention, each is liable as if he did it alone. The essential requirement is a pre-arranged plan and shared common intention; mere presence is not enough - there must be participation in the criminal act.

8. What is constructive (vicarious) liability under Section 149 IPC (now Section 190 BNS) regarding unlawful assembly?

   Every member of an unlawful assembly is guilty of an offence committed by any member in prosecution of the common object of that assembly, or of an offence the members knew was likely to be committed. Liability arises from membership and common object, not necessarily from doing the act.

9. Distinguish 'common intention' (S.34 IPC / S.3(5) BNS) from 'common object' (S.149 IPC / S.190 BNS).

   Common intention requires a prior meeting of minds and active participation, applying to 2+ persons, and is not a substantive offence. Common object requires an unlawful assembly of 5+ persons sharing one of the five unlawful objects in S.141; prior concert is not necessary and membership alone can fix liability.

10. What is the new criminal code that replaced the Indian Penal Code, 1860, and when did it come into force?

    The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860. It came into force on 1 July 2024, along with the BNSS (replacing CrPC) and BSA (replacing the Evidence Act).

11. Name the three new laws that replaced the IPC, CrPC, and Indian Evidence Act respectively.

    Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the IPC; Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC; and Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872.

12. How many sections does the Bharatiya Nyaya Sanhita, 2023 contain, compared to the IPC?

    The BNS contains 358 sections, whereas the IPC had 511 sections. The BNS consolidated and reorganised offences, omitting some (like sedition in its old form) and adding new ones (like organised crime and terrorism).

13. Under the BNS, what is the new provision corresponding to the old offence of sedition (S.124A IPC)?

    Sedition under S.124A IPC has been repealed. The BNS introduces Section 152, which penalises acts endangering the sovereignty, unity, and integrity of India (exciting secession, armed rebellion, subversive activities, or separatist feelings), but it is framed differently from the colonial sedition law.

14. What is the legal effect of 'mistake of fact' versus 'mistake of law' as a defence (S.76-79 IPC / S.14-15 BNS)?

    Mistake of fact done in good faith, where a person believes himself bound or justified by law, is a valid defence. Mistake of law is generally no defence, per the maxim 'ignorantia juris non excusat' (ignorance of law is no excuse).

15. Under S.78 IPC / BNS, are acts done pursuant to a court's judgment or order protected?

    Yes. An act done in good faith in pursuance of, or as warranted by, a judgment or order of a Court of Justice (while in force) is not an offence, even if the court had no jurisdiction, provided the doer believed in good faith the court had jurisdiction.

16. What defences in criminal law operate by negating the existence of mens rea?

    Mistake of fact, accident, infancy (doli incapax), insanity (unsoundness of mind), and intoxication (involuntary) negate mens rea because the accused lacked the requisite guilty mind or capacity to form criminal intent.

17. What is the rule regarding the criminal liability of children (infancy) under the BNS?

    Nothing is an offence done by a child under 7 years of age (absolute immunity - doli incapax). A child between 7 and 12 years is not liable if he has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct (qualified immunity).

18. State the test for the defence of insanity (unsoundness of mind) under S.84 IPC / S.22 BNS (the M'Naghten Rule).

    A person is not guilty if, at the time of the act, by reason of unsoundness of mind, he was incapable of knowing (a) the nature of the act, or (b) that the act was wrong or contrary to law. It is legal insanity, not merely medical insanity, that excuses.

19. How does voluntary intoxication differ from involuntary intoxication as a defence?

    Involuntary intoxication (administered without knowledge or against one's will) is a full defence if it rendered the person incapable of knowing the nature of the act. Voluntary intoxication is not a defence to incapacity, but may be considered to negate a specific intent required for the offence.

20. What is the defence of 'accident' under S.80 IPC / S.18 BNS?

    An act is not an offence if it is done by accident or misfortune, without any criminal intention or knowledge, while doing a lawful act in a lawful manner by lawful means and with proper care and caution.

21. What are 'justifying circumstances' (general exceptions) in criminal law?

    Circumstances where an act that would otherwise be an offence is justified and not punishable - such as judicial acts, acts done under legal compulsion, necessity, consent, trivial acts (de minimis), and private defence. The act is deemed lawful, not merely excused.

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