Criminal Law and Procedure
This section tests the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, while transitional papers may still use IPC and CrPC concepts. Expect mens rea, general exceptions, joint liability, offences against person and property, FIR, arrest, bail, charge and trial.
Offence and general exceptions
- Mens rea includes intention, knowledge, rashness and negligence; strict liability offences need no mens rea.
- Private defence requires reasonable apprehension and proportionality; it does not justify retaliation after the danger ends.
- Common intention under Section 3(5) BNS requires a prior meeting of minds or conduct showing a shared plan; mere presence is not enough.
- Culpable homicide is unlawful killing; murder requires intention or knowledge plus absence of exceptions such as grave provocation.
Specific offences
- Theft is dishonest taking of movable property; robbery is theft or extortion with force; dacoity requires five or more persons.
- Cheating requires deception and dishonest inducement; criminal breach of trust requires entrustment.
Procedure
- FIR, zero FIR, investigation, arrest safeguards, bail, charge, trial and appeal form the procedural chain.
- Default bail arises when investigation is not completed within the statutory period; the right is not defeated by a late chargesheet.
Worked example
A and B assault C; A holds C while B stabs him. If they arrived together and A said 'teach him a lesson', common intention can be inferred and both may be liable for murder. If A only held C to separate the fight, there is no shared intention; B alone is liable for his act, and A may be liable for simple hurt if negligence is proved. Reasoning: common intention turns on shared mental state, not simultaneous action.
Traps
- Using IPC numbers in a BNS question without noting the equivalent.
- Treating bailable as synonymous with cognizable.
- Ignoring default bail timelines.
- Confusing murder with culpable homicide.