Laws relating to Crime and its Procedure: formula sheet

Key formulas

Essential elements of crime

Crime = Human being + Mens rea + Actus reus + Injury

Learn all four and apply each one to the facts. Some statutory offences are exceptions to the need for mens rea, so say "normally".

Guilty act and guilty mind

Actus non facit reum nisi mens sit rea

An act does not make a person guilty unless the mind is also guilty.

Stages of crime

Intention → Preparation → Attempt → Commission

Intention and preparation are generally not punishable. Attempt and commission are punishable.

Acts include illegal omissions

BNS Section 3(4): words referring to acts extend also to illegal omissions

Applies except where a contrary intention appears from the context.

Common intention

BNS Section 3(5): criminal act by several persons in furtherance of common intention of all → each liable as if he alone did it

Use this when a group commits the act.

Preparatory acts to organised crime

BNS Section 111(3): abets, attempts, conspires, knowingly facilitates or does preparatory act → imprisonment not less than 5 years, up to life, and fine not less than ₹5,00,000

Shows that preparation can itself be punished for serious offences.

Act justified by law or done under mistake of fact (Section 17)

Not an offence if done by a person who (a) is justified by law, or (b) by mistake of fact (not of law), in good faith believes himself justified by law in doing it

A mistake of law gives no protection. Good faith is essential. The belief must be that the act is justified by law, not merely that the person is mistaken about some fact.

Act of a person of unsound mind (Section 22)

Not an offence if, at the time of the act, unsoundness of mind makes the person incapable of knowing (a) the nature of the act, or (b) that it is wrong or contrary to law

The test is incapacity at the time of the act, not general illness.

Private defence against incapable or mistaken person (Section 36)

Act not an offence due to youth, immaturity, unsound mind, intoxication or misconception → victim has the same right of private defence as if it were an offence

The doer is excused, but the victim can still defend.

Limits on private defence (Section 37(1))

No right: (a) against a public servant acting in good faith under colour of office, if no reasonable apprehension of death or grievous hurt; (b) same, if done by direction of such a public servant; (c) where there is time to seek public authorities

Explanations 1 and 2: the right remains unless you know or have reason to believe the person is a public servant or acts on such direction, or authority is stated or produced.

Proportionality (Section 37(2))

Private defence never extends to inflicting more harm than necessary for defence

Excess force loses the protection of the exception.

Procedure for an accused of unsound mind (BNSS Section 368)

Court tries the fact of unsoundness and incapacity first, records a finding and postpones proceedings → refers the accused to a psychiatrist or clinical psychologist → if informed the accused is of unsound mind, decides whether the accused is incapable of entering defence → if incapable, examines the prosecution record and hears the advocate: no prima facie case → discharge and deal with the accused under Section 369; prima facie case → postpone the trial for the treatment period, but if the incapacity is by reason of intellectual disability, no trial is held and the accused is dealt with under Section 369 (Section 368(4))

Section 367 gives the parallel procedure for a Magistrate holding an inquiry.

Charge and exceptions (BNSS Section 234(5))

Making a charge = stating that every legal condition required to constitute the offence was fulfilled

Illustration (a) shows a murder charge implies the act did not fall within any general exception.

Culpable homicide

Act causing death + intention to kill / intention to cause injury likely to cause death / knowledge that death is likely = culpable homicide (s.100)

Murder (s.101) is culpable homicide of the higher degree, unless an exception applies.

Theft

Dishonest intention + movable property + taken out of possession + without consent = theft (s.303)

Check all four elements. Immovable property cannot be stolen.

Extortion

Fear of injury + dishonest inducement + delivery of property = extortion (s.308)

The victim hands over the property, so consent is obtained by fear.

Robbery

Theft or extortion + violence or fear of instant death, hurt or restraint = robbery (s.309)

Every robbery contains theft or extortion.

Dacoity

Robbery or attempt by 5 or more persons conjointly = dacoity (s.310)

The number is the only difference from robbery.

Criminal breach of trust

Entrustment + dishonest misappropriation or use in breach of direction or contract = criminal breach of trust (s.316)

The property is first received lawfully. This separates it from theft.

Place of trial for property offences (BNSS s.201)

Theft, extortion, robbery: court where the offence was committed or where the stolen property was possessed by the offender or a knowing receiver

For criminal breach of trust, the court where the offence was committed, or where any part of the property was received, retained, or had to be returned or accounted for.

Definition (s. 111(1))

Organised crime = continuing unlawful activity + by a person or group in concert, as syndicate member or on its behalf + violence, threat, intimidation, coercion or other unlawful means + to obtain material benefit

All elements must be present. The listed activities include kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence and cyber-crimes.

Organised crime syndicate

Group of two or more persons indulging in any continuing unlawful activity

They may act singly or jointly, as a syndicate or gang.

Continuing unlawful activity

Cognizable offence with imprisonment of 3 years or more + more than one charge-sheet in the preceding 10 years + cognizance taken by the Court

The activity must be by a syndicate member or on its behalf. It includes economic offence.

Punishment s. 111(2)

(a) Death caused: death or life imprisonment + fine of at least ₹10,00,000. (b) Other cases: imprisonment of 5 years to life + fine of at least ₹5,00,000

Fine is a minimum in each case.

Abetment, attempt, conspiracy, facilitation, preparation s. 111(3)

Imprisonment 5 years to life + fine of at least ₹5,00,000

Includes knowingly facilitating and any act preparatory to organised crime.

Member of syndicate s. 111(4)

Imprisonment 5 years to life + fine of at least ₹5,00,000

Membership itself is an offence.

Harbouring s. 111(5)

Imprisonment 3 years to life + fine of at least ₹5,00,000

Not applicable where the harbour or concealment is by the offender's spouse.

Possessing proceeds s. 111(6)

Imprisonment 3 years to life + fine of at least ₹2,00,000

Covers property derived or obtained from organised crime.

Unaccounted property s. 111(7)

Imprisonment 3 years to 10 years + fine of at least ₹1,00,000

Applies to a person holding property on behalf of a syndicate member that he cannot satisfactorily account for.

Non-cognizable case: police duty

Record substance of information → refer informant to Magistrate → forward daily diary report fortnightly (Section 174(1) BNSS)

Police cannot investigate a non-cognizable case without the order of a Magistrate having power to try it or commit it for trial (Section 174(2)).

Powers on Magistrate's order

Police officer with order may exercise investigation powers, except power to arrest without warrant (Section 174(3) BNSS)

Learn the exception; it is a frequent point.

Mixed case

Two or more offences, at least one cognizable → whole case treated as cognizable (Section 174(4) BNSS)

Applies even if the other offences are non-cognizable.

Bail in non-bailable offence: bar

No release if reasonable grounds to believe guilt of an offence punishable with death or life imprisonment (Section 480(1)(i) BNSS)

Exceptions: child, woman, or sick or infirm person may be released by court direction.

Bail in non-bailable offence: previous convictions

No release if cognizable offence and earlier conviction for death/life/7 years or more, or two or more earlier convictions of cognizable offences punishable with 3 years or more but less than 7 (Section 480(1)(ii))

Court may still release for any other special reason if it is just and proper.

Bail when guilt is doubtful

No reasonable grounds for believing guilt, but sufficient grounds for further inquiry → release on bail or on bond (Section 480(2) BNSS)

Subject to Section 492.

Mandatory bail conditions

Offence punishable with 7 years or more, or under Chapters VI, VII or XVII of BNS (or abetment, conspiracy, attempt) → court must impose conditions (Section 480(3) BNSS)

Attend as per bond; do not commit similar offence; do not induce, threaten or tamper with evidence.

Reasons for bail

Officer or court granting bail must record reasons in writing (Section 480(4) BNSS)

Court may later direct arrest and custody if necessary (Section 480(5)).

60-day rule in Magistrate trial

Non-bailable offence, trial not concluded within 60 days from first date fixed for taking evidence, accused in custody throughout → release on bail unless Magistrate records reasons otherwise (Section 480(6) BNSS)

Applies only to cases triable by a Magistrate.

Anticipatory bail

Person apprehending arrest for a non-bailable offence may apply to the High Court or Court of Session (Section 482(1) BNSS)

Court may impose conditions such as availability for interrogation and not leaving India without permission (Section 482(2)). Section 482 does not apply to arrest for offences under Section 65 and Section 70(2) BNS (Section 482(4)).

Quick revision

• Crime needs a guilty act (actus reus) and, usually, a guilty mind (mens rea).
• Stages of a crime: intention, preparation, attempt, commission. Intention alone is not punished.
• Section 3(5) BNS: when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he did it alone.
• Section 3(9) BNS: persons engaged in one act may be guilty of different offences.
• Definitions of offences are read subject to the General Exceptions, even though not repeated.
• Section 35 BNS: private defence of body and of property, subject to section 37.
• Section 111 organised crime needs continuing unlawful activity by a syndicate of two or more persons to obtain material benefit.
• Continuing unlawful activity: a cognizable offence with imprisonment of three years or more, with more than one charge-sheet in the preceding ten years and cognizance taken.
• Section 111(2): death results, death or life imprisonment and fine of at least ₹10,00,000; otherwise at least five years up to life and fine of at least ₹5,00,000.
• Section 111(5) harbouring does not apply where the harbourer is the offender's spouse.
• Section 112 petty organised crime: one to seven years and fine.
• BNSS section 4: BNS offences are tried under BNSS; offences under other laws follow the same procedure, subject to any special enactment.

Common mistakes

• Saying intention alone is punishable. Fix: State that bare intention is not punished. Law punishes conduct, not thoughts.
• Treating preparation and attempt as the same stage. Fix: Say preparation is arranging the means. Attempt is a direct step that goes beyond that towards commission. Give a short example for each.
• Treating any mistake as a defence. Fix: Write that only a mistake of fact in good faith protects under Section 17. A mistake of law does not.
• Applying the unsound mind exception because the accused has a mental illness. Fix: State the Section 22 test: at the time of the act, was the person incapable of knowing the nature of the act or that it was wrong or contrary to law?
• Treating culpable homicide and murder as unrelated offences. Fix: State that culpable homicide is the genus and murder the species. Say murder is culpable homicide of the higher degree unless an exception applies.
• Calling every violent taking a dacoity. Fix: Count the persons. Dacoity needs five or more persons acting together. With fewer, it is robbery.
• Treating a single crime by one person as organised crime. Fix: Check for two or more persons in a syndicate and more than one charge-sheet in ten years.
• Mixing up section 111 with section 112. Fix: Section 112 covers petty acts like theft, snatching and cheating by a gang member, with 1 to 7 years and fine. Section 111 needs a continuing activity and carries a minimum of 5 years for the main offence.
• Confusing cognizable with non-bailable, treating them as the same thing. Fix: Remember: cognizable relates to police power to investigate and arrest without warrant; bailable relates to the right to bail. Classify on both axes separately.
• Saying police can never investigate a non-cognizable offence. Fix: Add that police can investigate on the order of a Magistrate with power to try or commit the case, but cannot arrest without warrant.

Exam tips

• Begin every answer with a one-line definition, then the elements. Examiners reward structure.
• In case questions, name the stage reached and give the reason. This is where marks are won.
• Use BNS section numbers only where they matter, such as Section 3(4), Section 3(5) and Section 111(3). Do not invent others.
• Never write IPC. Use the Bharatiya Nyaya Sanhita, 2023.
• Use a one-line example for preparation and a one-line example for attempt, to show you see the difference.
• Write the section number only for provisions you are sure of. Sections 17, 22, 36 and 37 of the BNS are safe to cite from this guide.
• In problem questions, always finish with a one-line conclusion. ICSI answers lose marks when the analysis has no clear end.
• Compare similar pairs when asked: mistake of fact versus mistake of law, and a person excused by an exception versus a person against whom defence is allowed.