Criminal Law in India: Crime is a violation that deserves to condemn and punish people. In India, Indian penal code 1860 deals with various types of violations and mentions their punishment. Crime law is an important part of the legal system of each country. Humans are social animals and when they interact with others in society, they must follow some basic rules to maintain peace and justice in the community. Every breight that leads to punishment. We explain criminal law in india at this Veedoo RealtyWebsite.
Learn about Criminal Laws in India
There are various materials needed for actions to violations. The first is Actus Reus / Guilty Act. Actus Reus refers to actions or negligence consisting of the physical elements of a crime as required by the statue. This includes every activity that endangers others or damages property. For example, if stabbing B, it can be said that there is ACTUS Reus. The second ingredient is Mens Rea. Mens Rea refers to criminal intentions or guilty thoughts. These are the main parts in Criminal Laws in India. Learn about it now.
Nothing can be punished for a crime that he has no thought guilty or criminal intentions to commit a violation. The difference between civil law and criminal law is that ex-emphasizes more to provide resolution rather than punishment but criminal law is mainly related to punishment of violations made. Crime has various stages. In terms of every crime, there is an intention to commit a crime and it is the first stage of a crime. The second stage is the preparation for the commission while the third stage is an effort to it and the last and final stage is the result. In short, there are mainly four stages of crime. It is as follows:
1. Intention
2. Preparation
3. Attempt
4. Result
1. intention
The intention is very important for a violation. The party that committed violations should have intention to do the same. At this stage, the perpetrators decided to motive and decide on the road or direction towards the violation. But only the intention to commit violations does not number crime because it is very difficult to prove the guilty intention in the court before the efforts or commission of violations. So even though it is the first stage of a crime, sheer intention is not a violation and can be punished by law. If someone has a guilty intention and takes action with that intention, he is responsible for the punishment that has a violation intended.
2. Preparation
Preparation is the second stage of crime where the perpetrators prepared commissions of violations. This stage involves the arrangement of things needed and takes action that must be done before to submit a criminal action. Preparation for violations cannot be punished because it is very difficult for prosecution to prove that in the Court. Intention followed by preparation is not a violation too. It is difficult to prove that the perpetrators have made preparations according to their intention to do something that is a violation in court. For example, if you buy a gun to kill B, it won't number a violation except until he tries to kill B with the gun. But there are some exceptions to this general rule. The Indian criminal code, 1860 prescribed several violations in which mere preparation could also be punished. Preparation to fight against the government, preparation for carrying out dakoity, preparation for coin forgery or government stamps is a few examples.
3. Attempt
Attempt is the third stage of a crime. Mere efforts are violations. Punishment for the efforts of violations and commissions of the violation is the same in many cases. In some cases the sentence varies. For example, violations of murders are punished because per Sec 302 IPC while the murder efforts can be punished according to the Sec 307 of the IPC.
Punishment for murder: Anyone who committed murder will be sentenced to death, or 1 [life prison], and will also be responsible for alright.
Punishment for murder efforts: anyone who takes actions with such intentions or knowledge, and in such circumstances, if he with that action causes death, he will be guilty of murder, will be punished by prison from a description that might expand up to ten years, and will also be responsible for alright; And if it is injured caused by anyone with such actions, the perpetrator must be responsible for 1 [lifetime imprisonment], or for punishment as mentioned here. Efforts by the lives of convict: 2 [when there are people who offend under this section under the sentence of 1 [life prison], he may, if injured caused, sentenced to death.]
In the case of guilty murder, the commission of the violation was punished in accordance with the 304 Sec of the IPC while his efforts were punished according to the 308 sec of the IPC. Robbery and efforts to carry out robbery have different punishments too. Efforts can be punished because of one's actions, it is very easy to understand its efforts unlike intention and preparation. The effort to commit suicide was a violation while the commission was not because the person who committed a violation could not be punished by law. If the perpetrator failed to commit a violation after his efforts, he would be prosecuted for an effort to commit the violation.
Trying to commit suicide: anyone who tries to commit suicide and take action against the commission of a violation in such a way, will he be punished with a simple prison for a term that can be expanded one year 1 [or to both].
4. Results / achievements
This is the last stage of crime, I.e, the result. If the person succeeds in his efforts, it will amount to the crime commission and he will be required accordingly. If he failed in his efforts, he would be charged with the effort of the violation. For example, when shooting B and B died, A will be charged with a violation of the murder while if B is dead, it will try to kill.
CONCLUSION
The Conclusion is as follows: Thus it can be concluded that crime is not only actions or negligence which is an independent act but there are several stages involved in the commission of a violation. The law did not punish the first two stages of crime, i.e, intention and preparation but the efforts and commissions of the violation could be punished together. To make someone responsible for efforts to commit violations, the court has been at a point to make a difference between "efforts" that can be punished and "preparation" except in some extraordinary cases cannot be punished because of that theory that someone can always change his mind and Not proceeding outside the preparation stage. Actus Reus and Mens Rea are important for forming crimes and no crimes can occur without Actus Reus. Actus Reus without Mens Rea cannot be punished because it is not a crime except the action falls in the exception mentioned in the IPC.
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