Law Aware

  Punishment (as per Indian Penal Code) Punishment is a method by which Juadicial System of a Country inflicts pain to person or the property of person who is proved guilty of the Crime or it can be stated as retribution on the offender to suffering based on his acts. Objective of giving Punishment Mere denunciation of crime is not enough; it must be pushed to its logic end that crime does not pay by punishing the offenders. Punishment means, “It is the redress that the commonwealth takes against an offending member” 1 Punishment is some sort of social censure and not necessarily involving physical pain. H Kelson in his General Theory of Law and State described “sanction is socially organized consists in a deprivation of possession- life, freedom, or property” 2 According to Jeremy Bentham punishment is evil in the form of remedy which operates by fear. 3 Johan Finnish has said that delinquent behaviour of a person needs to be taught lesson not with melody but with iron...

Stages of Crime Intention to commit the Crime  Preparation to commit the Crime Attempt to commit the Crime Accomplishment Intention to Commit the Crime It is the first stage to commit crime because without an intention no one can commit a crime. No person can be convicted for having an intention to do crime. It is not a crime the intention of the person could be changed due to various factors. Illustration If A has an intention a place to meet his daily needs due to unemployment. Then, the next day A gets a job offer which helps him to meet his daily need so, the intention of robbing a place vanishes from the mind of A. So, A could not be convicted. Preparation to Commit the Crime It is the second stage of committing the crime. In this stage when person has an intent to commit a crime and starts preparing for it. While most of crime in preparation stage are not considered a crime. Illustration If A purchases a pistol and keeps it loaded in his pocket so that h...

Crime Any Act or Omission of an Act which is prohibited or punishable under the law of the land is considered to be a crime Elements of Crime 1.        Human Being – A person in under obligation to act under a certain way. 2.        Mens Rea or Guilty Intention – A person having guilty mind and act furtherance for it. 3.        Actus Reus or Illegal act or omission – It represents the act of the person. 4.        Injury – Any harm or injury is to be caused to another person or the society at Large. Illustrations Illustration 1 A cow rams into a B who is riding a motorcycle and consequently B dies. Since, Cow is not a human being, therefore first element of crime is absent. This indicates that the act of “A cow ramming into B and killing it while he is riding a motorcycle” is not a crime. Illustration 2 A is attacked by B and during self defen...