NCJ Number
87315
Date Published
1978
Length
33 pages
Annotation
This discussion of India's criminal law covers the mental element in crimes, strict or vicarious liability, group liability, attempts and conspiracy, exceptions to criminal liability, and the classification of offenses and punishment.
Abstract
Under India's criminal law, an act assumes the character of a penal offense if it is performed with a mental design to achieve the result which the law otherwise seeks to prevent. A notable feature of quasi-criminal or public welfare offenses, however, is that the fundamental maxim of criminal liability is ignored by the legislature with a view to specifying the liability either strictly or vicariously. The principle of group liability holds that persons who may be acting as a party in concert with others to achieve an unlawful objective are criminally liable. The law also takes note of the liability of persons who may not be directly related to the performance of offenses or who may have attempted to commit criminal acts without success. Such liability is grouped under the topics of attempt, abetment, and conspiracy. Exceptions to criminal liability are indicated under the concepts of mistake of fact, accident, necessity, consent, compulsion, self-defense, and imperfect understanding (too young, drunkenness, and insanity). Broad categories of offenses are offenses against the state, offenses against the state apparatus, offenses against the public, offenses against persons, and offenses against property. The punishments permitted are death, life imprisonment (hard labor or simple), forfeiture of property, and fines. Probation is also provided for as a nonpunitive treatment. Nine suggested readings are listed.