Criminal misappropriation

1. Prof. Dr. Mukund Sarda
Dean & Principal,
Bharati Vidyapeeth Deemed University
New Law College , Pune
CRIMINAL LAW

2. o Legal education – Justice education.
o Lawyers, students, teachers- justice
providers.
o Law must have human touch.
o Law has a purpose- it is necessary evil.
o Legal profession demands extra ordinary
intelligence.
Prof. Dr. Mukund Sarda

3. o Law does not operates in vacuum. It changes
with society.
o Criminal justice system aims at prevention,
protection and reformation.
o Law is not a set of mechanical rules it lives
with society
o Advancement of law through innovative
interpretation and ensuring quality life through
justice of high standard is the task of legal
system
Prof. Dr. Mukund Sarda

4. oLaw – substantive law & procedural law
oSubstantive law deals with rights
oProcedural law deals with remedies
oWhere , when , how , for what, in what
manner - aspects of procedural law
oRights at rest ; right at motion
oIPC + Cr.P.C. + Evidence + drafting
Prof. Dr. Mukund Sarda

5. o Nanavati v state of Maharashtra
o Principle , facts , issues, application of law,
ratio, and critical analysis
o Plea of insanity , sudden and grave provocation
– rejected
o Example of murder and not culpable homicide
not amounting to murder
o Pardoning power of governor
Prof. Dr. Mukund Sarda

6. o Every man by birth is selfish – he loves his life,
liberty and property
o Crime is integral part of every life, it cannot be
cured but can be prevented
o Prevention is better than cure
o No one is born criminal
o Doctrine of innocence – convict+punishment
Prof. Dr. Mukund Sarda

7. o Every crime is conceived in the guilty mind.
o What is crime?
o Essentials of Crime
o Crime & Offence
o Maxims of Crime
o Laws of Crimes
INTRODUCTION
Prof. Dr. Mukund Sarda

8. o“actus non facit reum nisi mens sit rea” – An
Act without guilty mind is not a crime.
oCrime= Act + Guilty Mind
oCrime= Actus Rea + Mens Rea
oCrime= A R + M R
oIf MR is absent
AR = AR
Prof. Dr. Mukund Sarda

9. o Traffic Rules
o Food Adulteration
o Bhopal Gas
o Public Nuisance
o Environmental
EXCEPTIONS
ABSOLUTE
Prof. Dr. Mukund Sarda

10. o act is Willed movement of the body
o act is Movement caused by volition
o act is Movement caused by desire
DOCTRINE OF ACTUS REUS
Prof. Dr. Mukund Sarda

11. o Act done under compulsion is not
my act.
Actus me invito factus, non est
mens actus
Prof. Dr. Mukund Sarda

12. act
Commission
+ Positive Act
Omission
+ Negative Act
External Internal
Transitory Intransitory
Preparation Attempt Commission
Prof. Dr. Mukund Sarda

13. o R Vs. Dudley & Stephens
o EXCEPTIONS:
- Criminal Conspiracy
o Every Commission is punished.
o Exception: Suicide Act attempts are punished -
Section 511.
o Preparation is not punished.
CASE LAWS
Prof. Dr. Mukund Sarda

14. o Sec – 403 definition
o Whoever dishonestly misappropriates or converts to his own
use any movable property shall be punished with 2 years or
fine or both
o Essentials –
o Dishonest intention
o Misappropriates or converts
o For his own use
o Any movable property
o eg finder of goods
CRIMINAL MISAPPROPRIATION
Prof. Dr. Mukund Sarda

15. o Possession comes innocently
o Subsequent change of intention
o Conversion for his own use is important
o Case law – phuman – purse in temple
o Venkataswami – postman – money order
o Exchanging railway tickets
o Purchase of goods with others card
o Sec 404 – property possessed by dead man – 3
years and fine
Prof. Dr. Mukund Sarda

16. o Sec 405 – criminal misappropriation + trust
o Sec 406 – punishment – 3years or fine or
both
o Author – trustee – beneficiary
o Being in any manner entrusted with the
proerty
o Pledge by goldsmith
CRIMINAL BREACH OF TRUST
Prof. Dr. Mukund Sarda

17. o Whoever by deceiving any person
o Fraudulently or dishonestly induces such person so
deceived
o To deliver any property to any person
o To consent that any person shall retain any property
o Or induces the person to do or omit to do any thing
which he would not otherwise
o Whereby likely to cause damage or harm to body,
mind, reputation or property is said to cheat
CHEATING – 415 TO 420
Prof. Dr. Mukund Sarda

18. o Manik das v state (2012) – false promise to marry
o Sec 416 – cheating by personation
o Sec 417 – punishment for cheating – 1yr or fine
or both
o Sec 418 –cheating -trustee, guardian,solicitor
o 3year or fine or both
o Sec 419 – personation – 3year or fine or both
o Sec 420 – simple cheating is punished u/s 417
but where there is delivery or destruction –
7years and fine
Prof. Dr. Mukund Sarda

19. o Sec 121 – waging war against the state
o Whoever wages war against the govt. of India or attempts
to wage war or abets shall be punished with death or life
and fine
o Sec 121 A – conspiracy – life / 10 years
o Sec 124 A – sedition –
o Whoever by words spoken or written or by signs or visible
representation or otherwise brings or attempts to bring
hatred, contempt or disaffection towards govt of india –
life/ 3years and fine
OFFENCES AGAINST THE STATE
Prof. Dr. Mukund Sarda

20. o Ajmal kasab v state of maharshtra 2012
o The expression govt of india includes people of india
o State of delhi v navjot sandhu (afjal guru)
o War contemplated under sec121 is not convention
war between two nations. Insurrection against govt is
equal to war
o J reddi – a person arraying himself in defiance of the
government in like manner and by like means as a
foreign enemy would do – terrorist acts are included
Prof. Dr. Mukund Sarda