O.P. Srivastava's Principles of Criminal Law

Principles of Criminal Law, is a well established work that presents the General Principles of Criminal Law dealing with fundamental elements of crime, viz. stages in commission of crime, constructive joint criminality, abetment and criminal conspiracy, theory of punishment and general exceptions, in a comprehensive and interesting manner.

The exposition of the basic principles of criminal law is substantiated by exhaustive discussion of important cases like the Subramanian Swamy v. A. Raja (2G and 3G Spectrum case) ; Mohd Ajmal Amir Kasab v. State of Maharashtra, etc. Some of the important topics dealt with in this edition are Extraterritorial Jurisdiction of Criminal Courts, Principles of Legality, Justification of Capital Punishment and Mode of Execution of Death Sentence.

The learned revising author has painstakingly revised and updated the current edition, incorporating the latest case law and recent statutory amendments. Model questions and answers, suggested readings and a detailed subject-index enhance the utility of the book.

This book will be immensely useful for the law students, students appearing in competitive examinations, teachers, judges, advocates and legal fraternity.

Gujarat Law Reporter “This book crystallises the principles of criminal law by explaining the fundamentals, and various aspects of the principles, put together topic-wise with relevant sections. For better utility of the book, decisions of the Supreme Court as well as High Courts are described in detail wherever felt necessary, bringing the edition up-to-date”

• Central India Law Quarterly :

The new developments either by legislation or by judicial decision have been incorporated at appropriate places...this book is a leading commentary on the principles of criminal law.

• Academy Law Review :

This is an outstanding text on the fundamental principles of Criminal Law. It provides lucid exposition of basic principles, substantiated by exhaustive discussion of leading cases. In short, this is the best guide to criminal law.

• Cochin University Law Review :

The author deserves appreciation in his attempt to analyse various principles of criminal law with the support of relevant case-law on some important aspects.

                   Extent and Operation of the Code 2
                   Definition of Crime 3
                       Distinction between Crime and Tort 5
                       Criminal Law & Morality 5

                   Human Being 7
                   Mens Rea 10
                       Mens rea and statutory crimes 11
                       Mens rea and Indian Law 13
                       Words denoting Mens Rea in IPC 16
                           Fraudulently 16
                           Dishonestly 19
                           Difference between Fraudulently and Dishonestly 20
                           Voluntarily 21
                   Actus reus (Act or Omission) 23
                   Injury 24
                       Good faith 25

                   Intention or Contemplation 27
                   Preparation 28
                   Attempt 29
                       Essentials of the Attempt 29
                       Impossible Attempt 32
                       Illustrative cases 34
                       Attempt and preparation distinguished 36
                       Sections 511 and 307, IPC 37
                   Accomplishment 38

                   Common Intention 39
                   Common Object 46
                   Conviction of less than five persons 50
                   Charge under Section 149 and conviction under Section 34 51
                   Distinction between Sections 34 and 149 52

                   Abetment 54
                       English Law 54
                           A principal in the first degree 55
                           A principal in the second degree 55
                           Accessory before the fact 56
                           Accessory after the fact 56
                       Indian Law 57
                           Abetment by instigation 58
                           Abetment by conspiracy 59
                           Abetment by intentional aiding 60
                       Abetment in General 61
                       Punishment for Abetment 63
                       Sections 34 and 114 64
                   Criminal Conspiracy 65
                       Ingredients of criminal conspiracy 67
                           Two or more persons 67
                           Agreement 68
                           Illegal act or legal act by illegal means 68
                       Single general conspiracy and separate conspiracies 70
                       Punishment 70
                       Sections 34, 109 and 120-A 71
                       Proof of Conspiracy 71
                   Abetment and Conspiracy 72

                   Deterrent 73
                   Retributive 74
                   Preventive theory 74
                   Reformative theory 74
                   Punishment under the Penal Code 76
                       Fine 78
                       Remission of sentence of life imprisonment 79
                       Death sentence 80

                   Mistake 84
                   Judicial and Executive Acts 87
                   Accident 87
                       Ingredients 88
                   Necessity 89
                       Necessity and Compulsion 89
                       Necessity 89
                       Leading case 91
                       Compulsion or Duress 93
                   Infancy 95
                       Indian Law: Infancy under Penal Code 96
                   Insanity 97
                       M'Naghten's case 98
                       Sentence 105
                       Legal and Medical Insanity 106
                       Irresistible Impulse 106
                   Drunkenness 107
                       Indian Law of Intoxication 109
                   Consent 111
                   Good Faith (Implied Consent) 115
                   Triviality 117
                   Private Defence 118
                       When Death may be caused 125
                       When Harm other than Death may be caused 127
                       Harm to Innocent Persons 127
                       Commencement of the Right of Private Defence and its duration 127
                       When Right of Private Defence of Property extends
                       to causing Death 128
                       When the Right of Private Defence to Property extends to
                       causing any Harm other than Death 129
                       Right of Trespasser against true Owner 130
                       Conclusion 133
                   MODEL QUESTIONS 135
                   SUGGESTED READING 141
                   SUBJECT INDEX 146