LLB Study Notes

Corporations have separate legal entity and have an entity different from a natural person, therefore its criminal liability is different from the criminal liability of its members. The evolution of the concept of corporate criminal liability in India can be classified as a long processing effort of the judiciary to fix responsibilities on non-fictitious persons.  Basic rule of criminal liability is ‘actus non facit reum nisi mens sit rea’ which means an act is not wrongful unless accompanied by guilty state of mind. Companies may be convicted in a criminal court for acts that violate the penal law of the jurisdiction in which it is tried. Companies should be subject to criminal liability for offences that occur in the course of their business operation for which they must bear responsibility. Models of Corporate Criminal Liability There are twin models of corporate criminal liability in India which are discussed below - ⦁ Derivative Model - As the name suggests under t...

INTRODUCTION The legal code outlines different punishments for numerous crimes. however someone might not always be penalized for against the law that he/she has committed. The Indian penal code, 1860 acknowledges defenses in chapter four under the heading ‘General Exceptions.’ Sections 76 to 106 of the IPC cover these defenses. The law offers bound defenses that clear criminal liability. These defenses are based on the premise that although the person committed the offense, he can't be command liable. this is often as a result of, at the time of the commission of the offense, either the prevailing circumstances were specified the act of the person was even or his condition was specified he couldn't kind the requisite planning for the crime. The defenses are usually classified under 2 heads- justifiable and excusable. Thus, for committing a wrong, a person must be liable for doing a wrongful act without having any justification or excuse for it. A even act is a one ...

INTRODUCTION STAGES OF CRIME Under IPC, 1860 If a person commits a crime than the doing of it involves four different stages.  Intention Preparation  Attempt   Commission Intention First stage in commission of crime and known as mental stage.It is the desire to commit an act. Intention is the direction of conduct towards the object. Mere intention to commit an offence not followed by any act, cannot constitute an offence.The accused is not prosecuted at this stage because it is very difficult for the prosecution to prove the guilt mind of the person.  Preparation Preparation means to arrange the necessary measures for the commission of the intended criminal act. Intention followed by a preparation is not enough to constitute the crime. Preparation has not been made punishable because in most of the cases the prosecution has failed to prove that the preparations in the question were made for the commission of a particular crime. ...

HISTORY AND  APPLICABILITY OF IPC | IPC NOTES FOR LLB  | LAW OF CRIME NOTES |: This post gives your brief idea about History of IPC and Applicability of IPC. These are IPC notes for LLB PDF. This post can be used as ipc notes for judiciary or law of crime notes. DEVELOPMENT OF CRIMINAL LAW. Criminal Law of Hindu System: Manu Smriti has the lasting impact on human behaviour. It is based on the principles of Dharma. Manu Smriti is complete digest of the then prevailing religion, philosophy, custom and usages.  It specifically recognised assault, defamation, theft, robbery, adultery as crimes. The offences were subjected to punishment such as fine, forfeiture of property and corporal punishment including imprisonment, exile, mutilation and death penalty. Mohammedan Criminal Law: When Mughal rule was established in India, it replaced the ancient Hindu penal Law. During Mughal period the punishment for theft was cutting-off the hands. Stoning was the pun...