Substantive Criminal Law - Offences, General Exceptions and Punishment
Two codes, one substance
The Indian Penal Code, 1860 is now paralleled by the Bharatiya Nyaya Sanhita, 2023. Answer by concept and cite both numbering sets where you can.
General exceptions
The foundation is mens rea with actus reus. Sections 76 to 106 IPC cover mistake, necessity, infancy (Section 82 below seven years; Section 83 between seven and twelve with maturity), insanity (Section 84, McNaghten test - cognitive incapacity, not mere abnormality), intoxication (Sections 85 and 86, involuntary only), consent (Sections 87 to 92) and private defence (Sections 96 to 106, proportional and against the aggressor).
Offences to master
Culpable homicide under Section 299 versus murder under Section 300 with its four clauses and five exceptions. Exception 1 (grave and sudden provocation) fails if the accused provoked himself or the response was disproportionate. Distinguish Section 302, Section 304 Part I and Part II, and Section 304A negligence. Join-liability: Section 34 (common intention, pre-arranged) versus Section 149 (common object of an unlawful assembly). Dishonesty offences: theft under Section 378 requires movable property taken without consent; extortion involves consent induced by fear; robbery is aggravated theft or extortion; criminal breach of trust under Section 405 requires entrustment; cheating under Section 415 requires deception from the inception inducing delivery.
Punishment
Section 53 lists sentences; Sections 63 to 70 (IPC) govern fine, imprisonment in default and concurrent versus consecutive terms.
Trap
A charge under Section 420 collapses where the complainant voluntarily lent money and the deception arose later; entrustment is the dividing line from breach of contract.