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Swayam

Bharatiya Nyaya Sanhita

via Swayam

Overview

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ABOUT THE COURSE:Criminal law plays a vital role in maintaining social order by defining unacceptable conduct andprescribing penalties for harm caused to individuals and society. This MOOC offers a foundational introduction to Indian criminal law. It covers key concepts such as legality principles, liability, punishment. general exceptions. and inchoate offences, along with a detailed discussion of substantive offences under the Bharatiya Nyaya Sanh ita, 2023. A key facet of the course is the emphasis on decolonisation, reflected in the transition from the Indian Penal Code. 1860. Learners will engage in close perusal of legal provisions. analysis through leading and illustrative case law, and apply legal principles to contemporary factual situations. Through this integrated approach, the course offers a comprehensive understanding of the principles, categories. and practical application of criminal law in India.INTENDED AUDIENCE:•Students of UG and PG courses such as B.A.LL.B., LL.B., LD.M. and PG Diploma in Criminal Laws, Porensic Law, Criminology, VictimoIogy, Penology:M.A. (Human Rights), M.Sc. (Criminology and Crim inal I ustice)• Others such as Lawyers, Competitive Exam Aspirants for Judicial Services, UPSC, Prosecution Officers, Daw Clerks, SFIO, A IBE.PREREQUISITES: Class XI IINDUSTRY SUPPORT:Subordinate JudiciaryHigher 4udiciary Prosecution Officers Litigation/Lawy ers Advocates on Record Civil ServicesSerious Fraud Investigation OfficePol ice DepartmentLegal Department of various Mini stries A cademiaResearchHuman Rights Organizations

Syllabus

Week 1:In troduction to Criminal Law
  • Rationale of Crim inal Law
  • Sources of Criminal Law
  • Key Terms and Expressions
  • Crime, Offence, Actus Reus (Guilty Act). Mens Sea (Guilty M ind), Intention, Knowledge. Negligence, Motive. Preparation. Attempt.Commission, Consent.
  • Offence, Bailable Offence. Non-Bailable Offence, Compoundable Offence, Non- Compoundable Offence.
  • Decolonialisation of the Criminal Law (Transition from IPC to BNS)
  • Overview of BNS. 2023
  • Nature and Elements of Crime
  • What is crime?
  • Elements of crime
  • Person
  • < Vens rea Actu.s Reus
  • Injury

Week 2:Stages of Crime
  • Men.s rea Preparation Attempt Commission
  • Difference between Preparation and Attempt
  • Tests
Week 3:Jurisdiction and Classification of Crime • Jurisdiction under BSSé Intra-territorial Jurisdiction F Extra-territorial Jurisdiction
  • Jurisdiction under the BNSS
  • Case Law s relating to Jurisdiction
  • Classification of Crime ñ Private Offences
  • ñ Offences against Oneself ñ Semi-public Offences
Liability and Punishment
  • Liability
  • F Concept of Liability
  • > Types of Liability
  • I. Strict
  • 2. Vicarious
  • 3. Joint Liability
• Common Intention• Common Object
Week 4: Punishmentñ Concept of Punishment Kinds of Punishment1. Death penalty2. Life Imprisonment3. Imprisonment (Rigorous.Simple and Solitary Confi nement)4. Forfeiture of PropertyS. Fine6. Community Service
Week 5:Inchoate Offences (Part I) Attempt• Difference between Preparation and Attempt• Legal Tests (Proximity, Impossibility, etc.)
  • • Criminal Conspiracy
  • A betment
  • Abetment by Instigation. Conspi racy, and Aiding
  • Liability of Abettor

Week 6:General Exceptions (Part I)• Acts Justified by Law• Mistake of Fact• Trivial Acts & De Minimis Rule• Absence of Criminal Intent

Week 7:General Exceptions (Part II)•Right of Private Defence
Against Body
Against Property
Week 8:Offences against Human Body (Part I)•Hurt
Grievous HurtDifference between Hurt and Grievous Hurt and Cut pable Homicide• Culpable HomicideNot amounting to Murder Amounting to Murder• Wrongful Restraint and Wrongful Confinement
Week 9:Offences against Human Body (Part II)• Criminal Intimidation• Kidnapping• AbductionDifference between Kidnapping and Abduction
Week 10:Offences against Property and Mischief
• Theft• Extortion• Robbery and DacoityDifference between theft, extortion, robbery,and dacoity
• Dishonest M isappropriation of Property and Receiving stolen property• Criminal Breach of Trust• Mischief. Criminal Trespass and House
Week 11:Offences against Women and Children• Dowry Death• Bigamy Sexual HarassmentRape Others



Week 12:Offences against the State• fi aging War• Acts endangering unity integrity and sovereignty of India• Terrorism• Organized Crimes• Unlawful Assembly• Rioting• Affray• False Evidence

Taught by

Prof. Shakeel Ahmad

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