UP JUDICIARY Indian Penal Code / BNS 2023 Syllabus

UP JUDICIARY Indian Penal Code / BNS 2023: topic-wise syllabus

1. 1

   Introduction, Stages of Crime, and Joint Liability

   • Territorial Operation (Sections 1-5 IPC / BNS): Extent, Place of Offence, Extra-Territorial
   • Stages of Crime: Intention, Preparation, Attempt, Commission
   • Doctrine of Actus Reus Non Facit Reum Nisi Mens Sit Rea: Mens Rea Exceptions, Strict Liability
   • Joint Liability: Common Intention (Section 34 IPC / BNS), Common Object (Section 149 IPC / BNS): Difference, Daya Ram Pandey, Henry Lawrence Cases
   • Criminal Conspiracy (Section 120A-120B IPC / BNS): Two Persons, Agreement, Overt Act (When Required)
   • Abetment (Sections 107-120 IPC): Instigation, Conspiracy, Aiding, Abetment in India of Offence Outside
2. 2

   General Exceptions (Sections 76-106 IPC / BNS)

   • Judicial Acts (Sections 77-78), Act Done Pursuant to Order (Section 79)
   • Accident (Section 80), Act Done Without Criminal Intent (Section 81)
   • Act of Child (Sections 82-83): Doli Incapax (Under 7, Above 7 Under 12)
   • Insanity (Section 84): McNaughten Rules, Legal Insanity, Medical Insanity Distinct
   • Intoxication (Sections 85-86): Involuntary vs Voluntary, Specific Intent, Rajesh Yadav v State of UP
   • Consent (Sections 87-92): Knowledge of Likely Consequences, Implied Consent
   • Good Faith (Sections 52, 76, 79, 93), Trifling Acts (Section 95)
3. 3

   Right of Private Defence (Sections 96-106 IPC / BNS)

   • Right of Private Defence of Body (Section 97): Extended to Self, Others, Against Offences
   • Right of Private Defence of Property (Section 97): Movable, Immovable, Against Trespass/Theft/Robbery/Dacoity
   • Acts Against Which There is No Right (Section 99): Public Servant Acting in Good Faith
   • When Extends to Causing Death (Section 100-103): Apprehension of Death, Grievous Hurt, Rape, Kidnapping, Robbery, Arson, Dacoity — Darshan Singh v State of Punjab
   • Exceeding Right: Criminal Liability, Onus of Proof on Accused
4. 4

   Offences Affecting the Human Body (Sections 299-377 IPC / BNS)

   • Culpable Homicide (Section 299): Three Ingredients: Act Done with Intention of Causing Death/Injury Likely to Cause Death/Knowledge Likely to Cause Death
   • Murder (Section 300): Four Clauses — Intention to Cause Death, Bodily Injury Likely to Cause Death, Knowledge + Intention, Impossible to Avoid — Exception: R v Govinda (Distinction Between Culpable Homicide and Murder)
   • Dowry Death (Section 304B): Seven Conditions, Presumption, Burden of Rebuttal
   • Attempt to Murder (Section 307), Attempt to Suicide (Section 309, Decriminalized via Mental Healthcare Act 2017)
   • Hurt and Grievous Hurt (Sections 319-338): Eight Kinds of Grievous Hurt (Section 320), Endangering Life
   • Wrongful Restraint (Section 339-340), Wrongful Confinement (Section 340-348)
   • Kidnapping (Sections 359-363): From India, From Lawful Guardianship; Abduction (Section 362)
   • Sexual Offences: Rape (Section 375-376, Criminal Law Amendment 2013/2018), Marital Rape Exception
   • Voyeurism (Section 354C), Stalking (Section 354D), Acid Attack (Section 326A-B)
   • Unnatural Offences (Section 377): Criminalised, Decriminalised by Navtej Singh Johar v Union of India (2018)
5. 5

   Offences Against Women and Marriage (Sections 493-498A IPC / BNS)

   • Cruelty by Husband/Relatives (Section 498A): Definition of Cruelty, Presumption, Cognizable
   • Dowry Prohibition Act, 1961: Dowry Demand, Penalty, Dowry Prohibition Officers
   • Bigamy (Sections 494-495): Essential Conditions, Proof of Marriage, Exception: Custom
   • Adultery (Section 497): Struck Down — Joseph Shine v Union of India (2018)
   • Criminal Breach of Trust (Section 405-409), Criminal Intimidation (Section 503-506)
6. 6

   Offences Against Property (Sections 378-462 IPC / BNS)

   • Theft (Section 378): Dishonest Intention, Taking Movable Property, Moving Without Consent
   • Extortion (Section 383): Put in Fear of Injury, Delivery of Property/Valued Security
   • Distinction between Theft, Extortion, and Robbery (Section 390): Theft + Attempt to Cause Death/Hurt
   • Dacoity (Section 391): Five or More Persons, Conjointly Committing Robbery
   • Criminal Misappropriation of Property (Section 403): Dishonest Misappropriation, Innocent Receipt
   • Criminal Breach of Trust (Section 405): Entrusted with Property, Conversion to Own Use
   • Receiving Stolen Property (Section 411), Cheating (Section 415): Deception + Dishonest Consequence, Person Deceived Must Suffer Damage
   • Fraudulent Deeds/Dishonest Execution of Deed (Section 421-424)
   • Mischief (Sections 425-440): Destruction of Property, Damage, Fire/Explosive
   • Criminal Trespass (Section 441-462): Entry into Property, Housebreaking
7. 7

   Offences Against the State and Public Tranquility (Sections 121-160 IPC / BNS)

   • Waging War Against the Government of India (Section 121), Sedition (Section 124A): Kedarnath v State of Bihar, S G Vombatkere v Union of India 2022
   • Unlawful Assembly (Section 141): Five Persons, Common Object, Object: Overawe Government, Resist Execution, Forcible Possession, Offence, Criminal Force
   • Rioting (Section 146): Unlawful Assembly + Force/Violence
   • Affray (Section 159): Two Persons, Public Place, Breach of Peace
   • Offences Relating to Public Servants (Sections 166-171): Obstructing, Pretending
8. 8

   Defamation and Offences Relating to Documents (Sections 499-502, 463-489 IPC / BNS)

   • Defamation (Section 499): Imputation Harming Reputation, Four Exceptions: Truth for Public Good, Public Conduct, Court, Censure by Public Servant, Caution
   • Forgery (Sections 463-465): Making False Document, Intention to Cause Damage, Counterfeiting
   • Making Fake Documents, Falsification of Accounts, Forgery of Records
   • Offences Relating to Currency and Stamps (Sections 489A-489E): Counterfeiting Indian Coins, Bank Notes