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Important Concepts of IPC for CLAT PG 2023

Author : Palak Khanna

August 9, 2022

SHARE

Indian Penal Code is India's official criminal code and applies to all citizens. IPC is divided into 23 chapters and contains 511 sections in total.

The CLAT LLM Syllabus has important topics like Constitutional law, Jurisprudence, contract law, criminal law, and more to be covered for the CLAT PG exam 2023.

Under the criminal law, we have the concepts of IPC to be covered. This article covers all concepts you must be prepared to attend the CLAT exam.

A video is also attached with a detailed discussion regarding the Important Concepts of IPC for CLAT PG 2023. 

Download Important Study Material for CLAT PG by Legal Edge

Important Concepts of IPC for CLAT PG 2023

The important topics are as follows: 

  • Elements of Crime
  • Extra-Territorial and Intra-Teritorial application
  • Stages of Crime
  • Selection 34 and 149
  • General Defences
  • Inchoate Crime
  • Offenses Against State
  • Offenses Against Human Body

Note that a significant chunk of marks belongs to Criminal law, particularly dealing with the provisions of IPC & CrPC.

The above concepts are included in the CLAT PG 2023 syllabus that students must prepare for this academic year. 

CLAT Online Coaching

CLAT Online Coaching

1 - Elements of Crime

This is to analyze crime liability that includes two parameters: Mens Rea and Actus Rea.

Actions are mainly termed as Actus Rea while Mens Rea is the guilty mind

Based on analyzing these parameters, crime is considered. 

Mens Rea is not essential in respect of 5 offenses in IPC, namely;

  1. Sec 121 (Waving war), Sec 124A (Sedition), Secs 159 and 363 (kidnapping and abduction), and sec. 232 (counterfeiting coins).
  1. Where the statute itself imposes strict liability, the presence of a guilty mind becomes irrelevant, for example, the arms act; narcotics drugs and psychotropic substances act 1985; the public liability insurance act 1991, etc.
  1. When it is difficult to prove mens rea, where the penalties are pretty fines, and where a statute has done away with the necessity of mens rea on the basis of expediency, strict liability in criminal law may be imposed, eg, parking offenses. 
  1. A Public nuisance is another exception to the doctrine of mens are
  1. Another exception that might be mentioned here is related to the maxi "Ignorance of the law is no excuse ". If the person violates a law without the knowledge of the law, it cannot be said that he has intentionally violated the law, though he has intentionally committed an act that is prohibited by Law.

2 - Stages of Crime

Stages of crime is the next sub-topic that must be covered under the CLAT PG Exam Pattern 2023

  • Intention to commit a crime
  • Preparation to commit a crime 
  • Attempt to commit crime: Section 511 of IPC
  • Commission of the Crime
  • Abhayananf Mishra vs. State SIR 1961 SC 1698

If you lack time to prepare for CLAT PG 2023 and need guidance on the same, seek help from the Best CLAT PG Online Coaching 2023

You can also take the CLAT PG Mock Test Series 2023 to know where you stand with your preparations. 

3 - Jurisdiction of the Court

  • Extra-Territorial Jurisdiction must be prepared from sections 3 and 4
  • Intra - Territorial Jurisdiction must be prepared from section 2

A detailed explanation is provided in the youtube video attached below with an example.

You can check the Important Concepts of Constitutional Law for the CLAT 2023 preparations. 

4 - Principle of Joint Liability, Common Intention, and Common Object

  • These are covered in sections 34 and 149.
  • Mahboob Ghosh VS Emperor: Common Intention
  • Common Object: 149

clat mock test

clat mock test

5 - Inchoate Crimes - Chapter 5 of IPC

  1. Abatement -
  • By Instigation
  • By Intentional aiding or illegal omission
  • By engaging persons in a criminal conspiracy
  1. Criminal Conspiracy - Chapter 5 A of IPC
  1. Section 120A and 120B

You can check the Landmark Judgement Questions For CLAT PG 2023 to prepare efficiently. 

6 - Offenses against State Section 121-130

Waging War

Under section 121, the following are considered essentials of the offenses as they need to be proved in order to constitute an offense for waging war against the government of India

The accused must have: 

  • Waged war 
  • Attempted to wage 
  • Abetted the waging of war

Such a war must be against the state 

The punishment under this section includes either life imprisonment or the death penalty. A fine can be imposed in certain cases. 

Section 122 of the IPC deals with the preparation for war

Section 123 of the IPC deals with the concealment of design to wage war. 

7 - Sedition - 124A 

It deals with sedition, and this offense means that intention is to bring hatred or contempt or excite disaffection against the government of India

Prepare thoroughly refer to all the concepts in CLAT PG Syllabus 2023

8 - Constitutional Validity of Section 124A

Ram Nandan vs. the State of UP was the first case in which the constitutional validity of sedition was questioned. The Allahabad High Court held that the section imposed a restriction on freedom of speech and was not considered to be in the general public's interest. Therefore, this section was considered ultra vires to the constitution. 

However, it was overruled in the case of Kedar Nath Das vs. the State of Bihar. In this case, it was held that this section would only limit the acts involving an intention to create a disturbance of law and order or enticement of violence. Thus, the supreme court held the section intra vires. 

9 - Offenses Against Human Body

Offenses against the human body are as follows: 

  • Section 299 to 377 lays down several offenses relating to the human body
  • Culpable Homicide
  • Murder
  • Dowry Death
  • Various kinds of hurt
  • Kidnapping Abduction
  • Wrongful restraint and confinement
  • Sexual Abuse
  • Unnatural offenses

Frequently Asked Questions

The stages of crime are: Intention to commit a crime, Preparation to commit a crime, and Attempt to commit crime: Section 511 of IPC, Commission of the Crime and Abhayananf Mishra vs. State SIR 1961 SC 1698. 

Offenses against the human body are as follows: Section 299 to 377 lays down several offenses relating to the human body, Culpable Homicide, Murder Dowry Death, Various kinds of hurt, Kidnapping Abduction, Wrongful restraint and confinement, Sexual Abuse, and Unnatural offenses.


Important Concepts of IPC for CLAT PG are: Elements of Crime, Extra-Territorial and Intra-Territorial application, Stages of Crime, Selection 34 and 149, General Defences, Inchoate Crime, Offenses Against State, and Offenses Against Human Body.


Mens Rea and Actus Rea are two parameters considered as Elements of Crime.


Extra-Territorial Jurisdiction must be prepared from sections 3 and 4 , and Intra - Territorial Jurisdiction must be prepared from section 2


The accused must have: Waged war, Attempted to wage and Abetted the waging of war.


It deals with sedition and this offense means that intention is to bring hatred or contempt or excite disaffection against the government of India


  • Home
  • Important Concepts o...

Important Concepts of IPC for CLAT PG 2023

Author : Palak Khanna

Updated On : August 9, 2022

SHARE

Indian Penal Code is India's official criminal code and applies to all citizens. IPC is divided into 23 chapters and contains 511 sections in total.

The CLAT LLM Syllabus has important topics like Constitutional law, Jurisprudence, contract law, criminal law, and more to be covered for the CLAT PG exam 2023.

Under the criminal law, we have the concepts of IPC to be covered. This article covers all concepts you must be prepared to attend the CLAT exam.

A video is also attached with a detailed discussion regarding the Important Concepts of IPC for CLAT PG 2023. 

Download Important Study Material for CLAT PG by Legal Edge

Important Concepts of IPC for CLAT PG 2023

The important topics are as follows: 

  • Elements of Crime
  • Extra-Territorial and Intra-Teritorial application
  • Stages of Crime
  • Selection 34 and 149
  • General Defences
  • Inchoate Crime
  • Offenses Against State
  • Offenses Against Human Body

Note that a significant chunk of marks belongs to Criminal law, particularly dealing with the provisions of IPC & CrPC.

The above concepts are included in the CLAT PG 2023 syllabus that students must prepare for this academic year. 

CLAT Online Coaching

CLAT Online Coaching

1 - Elements of Crime

This is to analyze crime liability that includes two parameters: Mens Rea and Actus Rea.

Actions are mainly termed as Actus Rea while Mens Rea is the guilty mind

Based on analyzing these parameters, crime is considered. 

Mens Rea is not essential in respect of 5 offenses in IPC, namely;

  1. Sec 121 (Waving war), Sec 124A (Sedition), Secs 159 and 363 (kidnapping and abduction), and sec. 232 (counterfeiting coins).
  1. Where the statute itself imposes strict liability, the presence of a guilty mind becomes irrelevant, for example, the arms act; narcotics drugs and psychotropic substances act 1985; the public liability insurance act 1991, etc.
  1. When it is difficult to prove mens rea, where the penalties are pretty fines, and where a statute has done away with the necessity of mens rea on the basis of expediency, strict liability in criminal law may be imposed, eg, parking offenses. 
  1. A Public nuisance is another exception to the doctrine of mens are
  1. Another exception that might be mentioned here is related to the maxi "Ignorance of the law is no excuse ". If the person violates a law without the knowledge of the law, it cannot be said that he has intentionally violated the law, though he has intentionally committed an act that is prohibited by Law.

2 - Stages of Crime

Stages of crime is the next sub-topic that must be covered under the CLAT PG Exam Pattern 2023

  • Intention to commit a crime
  • Preparation to commit a crime 
  • Attempt to commit crime: Section 511 of IPC
  • Commission of the Crime
  • Abhayananf Mishra vs. State SIR 1961 SC 1698

If you lack time to prepare for CLAT PG 2023 and need guidance on the same, seek help from the Best CLAT PG Online Coaching 2023

You can also take the CLAT PG Mock Test Series 2023 to know where you stand with your preparations. 

3 - Jurisdiction of the Court

  • Extra-Territorial Jurisdiction must be prepared from sections 3 and 4
  • Intra - Territorial Jurisdiction must be prepared from section 2

A detailed explanation is provided in the youtube video attached below with an example.

You can check the Important Concepts of Constitutional Law for the CLAT 2023 preparations. 

4 - Principle of Joint Liability, Common Intention, and Common Object

  • These are covered in sections 34 and 149.
  • Mahboob Ghosh VS Emperor: Common Intention
  • Common Object: 149

clat mock test

clat mock test

5 - Inchoate Crimes - Chapter 5 of IPC

  1. Abatement -
  • By Instigation
  • By Intentional aiding or illegal omission
  • By engaging persons in a criminal conspiracy
  1. Criminal Conspiracy - Chapter 5 A of IPC
  1. Section 120A and 120B

You can check the Landmark Judgement Questions For CLAT PG 2023 to prepare efficiently. 

6 - Offenses against State Section 121-130

Waging War

Under section 121, the following are considered essentials of the offenses as they need to be proved in order to constitute an offense for waging war against the government of India

The accused must have: 

  • Waged war 
  • Attempted to wage 
  • Abetted the waging of war

Such a war must be against the state 

The punishment under this section includes either life imprisonment or the death penalty. A fine can be imposed in certain cases. 

Section 122 of the IPC deals with the preparation for war

Section 123 of the IPC deals with the concealment of design to wage war. 

7 - Sedition - 124A 

It deals with sedition, and this offense means that intention is to bring hatred or contempt or excite disaffection against the government of India

Prepare thoroughly refer to all the concepts in CLAT PG Syllabus 2023

8 - Constitutional Validity of Section 124A

Ram Nandan vs. the State of UP was the first case in which the constitutional validity of sedition was questioned. The Allahabad High Court held that the section imposed a restriction on freedom of speech and was not considered to be in the general public's interest. Therefore, this section was considered ultra vires to the constitution. 

However, it was overruled in the case of Kedar Nath Das vs. the State of Bihar. In this case, it was held that this section would only limit the acts involving an intention to create a disturbance of law and order or enticement of violence. Thus, the supreme court held the section intra vires. 

9 - Offenses Against Human Body

Offenses against the human body are as follows: 

  • Section 299 to 377 lays down several offenses relating to the human body
  • Culpable Homicide
  • Murder
  • Dowry Death
  • Various kinds of hurt
  • Kidnapping Abduction
  • Wrongful restraint and confinement
  • Sexual Abuse
  • Unnatural offenses

Frequently Asked Questions

The stages of crime are: Intention to commit a crime, Preparation to commit a crime, and Attempt to commit crime: Section 511 of IPC, Commission of the Crime and Abhayananf Mishra vs. State SIR 1961 SC 1698. 

Offenses against the human body are as follows: Section 299 to 377 lays down several offenses relating to the human body, Culpable Homicide, Murder Dowry Death, Various kinds of hurt, Kidnapping Abduction, Wrongful restraint and confinement, Sexual Abuse, and Unnatural offenses.


Important Concepts of IPC for CLAT PG are: Elements of Crime, Extra-Territorial and Intra-Territorial application, Stages of Crime, Selection 34 and 149, General Defences, Inchoate Crime, Offenses Against State, and Offenses Against Human Body.


Mens Rea and Actus Rea are two parameters considered as Elements of Crime.


Extra-Territorial Jurisdiction must be prepared from sections 3 and 4 , and Intra - Territorial Jurisdiction must be prepared from section 2


The accused must have: Waged war, Attempted to wage and Abetted the waging of war.


It deals with sedition and this offense means that intention is to bring hatred or contempt or excite disaffection against the government of India


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