CLAT PG Criminal Law Syllabus

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.

What is the defence of necessity under S.81 IPC / S.19 BNS?

An act likely to cause harm, but done without criminal intention and in good faith to prevent or avoid greater harm to person or property, is not an offence. It is based on the maxim that necessity knows no law, judged by whether the harm avoided exceeded the harm done.

State the general scope and limits of the right of private defence under the BNS (S.34-44 / S.96-106 IPC).

Every person has a right to defend his own or another's body and property against offences. The defence must be necessary, proportionate to the threat, and cannot be exercised if there is time to seek protection of public authorities. It cannot be used to inflict more harm than necessary.

When does the right of private defence of the body extend to causing death (S.100 IPC / S.38 BNS)?

It extends to causing death when the assault reasonably causes apprehension of: death; grievous hurt; rape; gratifying unnatural lust; kidnapping/abduction; wrongful confinement under circumstances preventing recourse to authorities; or acid attack (added in BNS).

What is consent as a defence, and what are its key limitations under the BNS (S.87-92 IPC)?

Harm caused with the free consent of a person above 18 (for harm not intended/known to be likely to cause death or grievous hurt) is not an offence. Consent given under fear, misconception, by a person of unsound mind, intoxication, or by a child under 12 is not valid; death cannot be consented to.

Define culpable homicide under S.299 IPC / S.100 BNS.

Whoever causes death by doing an act with (a) the intention of causing death, (b) the intention of causing such bodily injury as is likely to cause death, or (c) the knowledge that the act is likely to cause death, commits culpable homicide.

Define murder under S.300 IPC / S.101 BNS.

Culpable homicide is murder if the act causing death is done: (1) with intention to cause death; (2) with intention to cause bodily injury the offender knows is likely to cause that person's death; (3) with intention to cause injury sufficient in the ordinary course of nature to cause death; or (4) with knowledge the act is so imminently dangerous it must in all probability cause death, done without excuse.

What is the essential distinction between culpable homicide and murder?

All murder is culpable homicide, but not all culpable homicide is murder. Murder requires a higher degree of intention/knowledge (greater probability and certainty of death). Culpable homicide not amounting to murder involves a lesser degree - 'likely' to cause death rather than 'sufficient in ordinary course' or near-certainty.

List the five exceptions in S.300 IPC / S.101 BNS that reduce murder to culpable homicide not amounting to murder.

(1) Grave and sudden provocation; (2) Exceeding the right of private defence in good faith; (3) Act of a public servant exceeding lawful powers in good faith; (4) Sudden fight in the heat of passion without premeditation; (5) Consent of the deceased (above 18) to the risk of death.

How does the BNS punish murder (S.103 BNS) and what new aggravated form did it introduce?

Murder is punishable with death or life imprisonment, and fine. The BNS introduced Section 103(2): murder by a group of five or more persons on grounds of race, caste, community, sex, place of birth, language, or personal belief (mob lynching), punishable with death or life imprisonment.

What is the difference between 'hurt' and 'grievous hurt' under the BNS (S.319-320 IPC / S.114-116 BNS)?

Hurt is causing bodily pain, disease, or infirmity to any person. Grievous hurt is a serious category, limited to eight specified kinds of injury: emasculation; permanent loss of sight or hearing; loss of any member/joint; impairment of a member/joint; permanent disfiguration of head/face; fracture or dislocation of bone/tooth; and any hurt endangering life or causing 20 days' incapacity.

Under the BNS, what offence specifically deals with acid attacks and what is its punishment?

Sections 124(1) and 124(2) BNS (earlier S.326A and S.326B IPC) deal with voluntarily causing grievous hurt by use of acid (and the attempt). Causing grievous hurt by acid is punishable with imprisonment not less than 10 years extendable to life, and fine to meet the victim's medical expenses.

How is rape defined under S.63 BNS (formerly S.375 IPC)?

A man commits rape if he engages in specified sexual acts (penetration, etc.) with a woman against her will, without her consent, with consent obtained by fear/fraud/unsound mind/intoxication, or with or without consent when she is under 18 years. Consent means an unequivocal voluntary agreement.

What is the punishment for gang rape under the BNS, and how does it treat the rape of a minor?

Gang rape (S.70 BNS) is punishable with rigorous imprisonment not less than 20 years extendable to life. Rape of a woman under 16 carries minimum 20 years to life; gang rape of a girl under 18 is punishable with life imprisonment or death (S.70(2) BNS).

What are the offences affecting personal liberty - wrongful restraint and wrongful confinement (S.339-340 IPC / S.126-127 BNS)?

Wrongful restraint is voluntarily obstructing a person so as to prevent him from proceeding in any direction in which he has a right to proceed. Wrongful confinement is wrongfully restraining a person in such a manner as to prevent him from proceeding beyond certain circumscribing limits (confinement is a more serious, restricted form of restraint).

Distinguish kidnapping from abduction under the BNS (S.359-362 IPC / S.137-138 BNS).

Kidnapping is taking/enticing a minor (under 16 male/18 female) or a person of unsound mind out of lawful guardianship without the guardian's consent - a substantive offence requiring no force, complete in itself. Abduction is compelling by force or inducing by deceit any person to go from a place - it requires force/deceit, applies to any age, and is an auxiliary offence (criminal only with bad intent).

Define theft under S.378 IPC / S.303 BNS and list its essential ingredients.

Theft is dishonestly taking movable property out of the possession of another, without consent, and moving it. Ingredients: (1) dishonest intention; (2) movable property; (3) taken out of another's possession; (4) without that person's consent; (5) moving of the property to effect the taking.

Define extortion under S.383 IPC / S.308 BNS.

Extortion is intentionally putting a person in fear of injury and thereby dishonestly inducing the person so put in fear to deliver any property, valuable security, or anything signed/sealed that may be converted into a valuable security. Consent is obtained wrongfully through fear.

Distinguish theft from extortion.

In theft, property (only movable) is taken without consent. In extortion, property (movable or immovable) is delivered with consent obtained wrongfully by putting the victim in fear of injury. Theft involves taking; extortion involves obtaining by inducement through fear.

Define robbery under S.390 IPC / S.309 BNS and explain when theft or extortion becomes robbery.

Robbery is an aggravated form of theft or extortion. Theft is robbery if, to commit it, the offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint, or fear thereof. Extortion is robbery if the offender, present at the time, puts the victim in fear of instant death/hurt/restraint and thereby commits extortion.

Define dacoity under S.391 IPC / S.310 BNS.

When five or more persons conjointly commit or attempt to commit robbery, or where the whole number of persons committing/attempting robbery and those present aiding amount to five or more, every person so committing/attempting/aiding commits dacoity. The minimum number of five is the distinguishing feature.

What is the key distinction between robbery and dacoity?

The number of persons. Robbery can be committed by one or more persons; dacoity requires five or more persons acting conjointly. Dacoity is essentially robbery committed by a gang of five or more, and is treated as a more serious offence.

Define criminal misappropriation of property under S.403 IPC / S.314 BNS.

Whoever dishonestly misappropriates or converts to his own use any movable property commits criminal misappropriation. Here the offender comes into possession of the property innocently or casually, but later forms a dishonest intention to keep or convert it.

Define criminal breach of trust under S.405 IPC / S.316 BNS.

Criminal breach of trust occurs when a person, entrusted with property or dominion over property, dishonestly misappropriates, converts to his own use, or disposes of that property in violation of law or contract, or wilfully suffers another to do so. The key element is entrustment.

Distinguish criminal misappropriation from criminal breach of trust.

In criminal misappropriation, there is no entrustment - the offender comes into possession innocently/casually and then dishonestly keeps it. In criminal breach of trust, the property is entrusted to the offender, who then dishonestly violates that trust. Entrustment is the distinguishing element.

What is 'waging war against the Government of India' as an offence against the State (S.121 IPC / S.147 BNS)?

Whoever wages war, or attempts to wage war, or abets the waging of war against the Government of India, is punishable with death or life imprisonment and fine. It involves an insurrection/uprising against the State by a number of persons, regardless of arms or military formation.

What constitutes an 'unlawful assembly' and a 'riot' under the BNS (S.141 & 146 IPC / S.189 & 191 BNS)?

An unlawful assembly is five or more persons with a common object to commit one of the unlawful objects listed (e.g., use of criminal force, resisting law, committing an offence). It becomes a riot when force or violence is used by the assembly or any of its members in prosecution of the common object.

What is 'affray' under S.159 IPC / S.194 BNS, and how does it differ from a riot?

An affray is when two or more persons, by fighting in a public place, disturb the public peace. It differs from a riot in that an affray requires only two persons (vs five for riot), must occur in a public place, and involves no common object - it is a spontaneous fight.

Define defamation under S.499 IPC / S.356 BNS, including its modes and key exceptions.

Defamation is making or publishing any imputation concerning a person, by words, signs, or visible representations, intending or knowing it to harm that person's reputation. It can be by spoken words or in writing. Key exceptions include imputation of truth for public good, fair comment on public conduct, and opinions on merits of a public performance.

Define criminal intimidation under S.503 IPC / S.351 BNS.

Criminal intimidation is threatening another with injury to his person, reputation, or property, or to the person/reputation of anyone in whom he is interested, with intent to cause alarm, or to cause him to do an act he is not legally bound to do (or omit an act he is legally entitled to do) in order to avoid the threat.