Penal Law
What the exam tests
Penal law questions test the general principles of criminal liability and the elements of major offences. From 1 July 2024 the Bharatiya Nyaya Sanhita (BNS) replaced the IPC, but many questions still use IPC sections. Learn concepts and the old/new mapping.
Core rules
- Crime generally requires actus reus and mens rea; strict liability offences are exceptions.
- Common intention requires a prior meeting of minds and participation; common object applies to unlawful assembly and is different.
- Private defence must be proportionate and is available only against an unlawful threat, not after it has ended.
- Culpable homicide (IPC s.299; BNS s.100) becomes murder (IPC s.300; BNS s.101) only if a clause applies and no exception applies.
- Attempt requires an act proximate to the offence, not mere preparation.
- Abetment requires instigation, conspiracy or intentional aid; mere silence is not abetment unless the law imposes a duty to report.
Worked example
A, intending to kill B, fires at B but misses and kills C. A is guilty of murder. The intention to kill B is transferred to C, so the killing falls within the clause on causing the death of a person other than the person whose death was intended (IPC s.301). A cannot say he had no intention to kill C. If A had fired recklessly without intending to kill anyone, the offence might be culpable homicide not amounting to murder or a lesser offence, depending on knowledge and negligence.
Traps
Motive is not intention. Private defence is unavailable to an aggressor. Common intention needs a pre-arranged plan, not mere presence. The accused proves a general exception on a preponderance of probabilities (s.105 Evidence Act). Do not mix preparation with attempt; buying a knife is preparation, stabbing is attempt.