Unit 4 tests both principles and offences. Since 1 July 2024 India's substantive criminal law is the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, but the exam still draws on IPC-era cases. These notes cover the ten syllabus topics and show where the BNS changed the numbering.
Mens rea
Common intention
General exceptions
Offences
Punishment
BNS 2023
10 syllabus topics
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Updated 11 October 2026
NET Law 058 is an independent study aid, not affiliated with UGC or NTA. Always check the official UGC NET syllabus and the current bare Acts.
What Unit 4 covers
Criminal law changed in 2024. Check which version of the question's law the option refers to. The official syllabus lists 10 topics for this unit. Each is explained below with the points examiners most often use.
1General principles of criminal liability: actus reus and mens rea; individual, group and constructive liability
Actus non facit reum nisi mens sit rea: a guilty act and a guilty mind are generally both required.
Strict liability offences and the limits of mens rea (R v. Prince, 1875).
Common intention and joint liability: Barendra Kumar Ghosh (1925) and Mahboob Shah (1945), which stresses a prior meeting of minds.
Common object and unlawful assembly. Transferred malice.
2Stages of crime and inchoate crimes: abetment, criminal conspiracy and attempt
Four stages: intention, preparation, attempt and commission. Preparation is generally not punishable.
Attempt: where preparation ends and attempt begins (Abhayanand Mishra, 1961).
Abetment by instigation, conspiracy or intentional aid.
Criminal conspiracy: an agreement between two or more persons is the essence.
3General exceptions
Mistake of fact, judicial acts, accident, necessity and the defence of children below seven (absolute) and between seven and twelve (conditional).
Insanity: the M'Naghten rules (1843) and the Indian provision on unsoundness of mind.
Intoxication, consent and acts done in good faith.
Right of private defence of body and property, its limits and the exceptions where the right does not extend to causing death.
4Offences against human body
Culpable homicide and murder: the injury test in Virsa Singh (1958), and the exceptions such as grave and sudden provocation (K.M. Nanavati, 1962).
Hurt, grievous hurt, assault and criminal force.
Kidnapping and abduction. Wrongful restraint and confinement.
Dowry death and the offences linked to marriage.
5Offences against State and terrorism
Waging war against the Government of India and offences against the sovereignty of India.
Sedition under the IPC: Kedar Nath Singh (1962), and the Supreme Court's 2022 order putting the provision in abeyance (S.G. Vombatkere). The BNS does not retain sedition by that name.
Terrorism: the Unlawful Activities (Prevention) Act, 1967 and the BNS provisions on terrorist acts and organised crime.
Punishments and procedural safeguards in these offences.
6Offences against property
Theft, extortion, robbery and dacoity, and how each is distinguished from the other.
Criminal misappropriation and criminal breach of trust.
Cheating, mischief, criminal trespass and house-breaking.
Receiving stolen property.
7Offences against women and children
Rape and sexual offences. The Criminal Law (Amendment) Act, 2013 followed the Justice Verma Committee report after the 2012 Delhi incident.
Dowry Prohibition Act, 1961 and the offence of dowry death.
Protection of Children from Sexual Offences (POCSO) Act, 2012: a child is anyone below 18.
Adultery under Section 497 IPC was struck down in Joseph Shine (2018).
8Drug trafficking and counterfeiting
Narcotic Drugs and Psychotropic Substances Act, 1985: offences, punishments and the bail restrictions.
Counterfeiting currency notes and coins and possession of counterfeit notes knowing them to be so.
Forgery and related offences.
9Offences against public tranquillity
Unlawful assembly: five or more persons with a common unlawful object.
Rioting and affray.
Promoting enmity between groups and other offences affecting public peace.
Liability of members of an unlawful assembly for acts done in pursuit of the common object.
10Theories and kinds of punishments; compensation to victims of crime
Theories: retributive, deterrent, preventive and reformative.
Kinds of punishment: death, imprisonment, forfeiture, fine and community service as introduced by the BNS.
Death penalty: Bachan Singh (1980) 'rarest of rare', Machhi Singh (1983) and Mithu (1983), which struck down the mandatory death sentence.
Victim compensation by the court and the State victim compensation schemes.
Quick reference tables
Where the IPC provisions went in the BNS (verify against the bare Act)
Subject
IPC
BNS
Common intention
34
3(5)
Abetment (definition)
107
45
Criminal conspiracy
120A / 120B
61
Attempt (punishment)
511
62
Murder (punishment)
302
103
Culpable homicide not amounting to murder (punishment)
304
105
Rape (punishment)
376
64
Dowry death
304B
80
Theft
378 / 379
303
Robbery
390 / 392
309
Dacoity
391 / 395
310
Unlawful assembly
141
189
Rioting
146 / 147
191
Unsoundness of mind
84
22
Landmark cases to revise
R v. Prince1875
Mistake of age was no defence to taking a girl under 16 from her father's possession.
Barendra Kumar Ghosh v. King-Emperor1925
Joint liability and common intention; 'they also serve who only stand and wait'.
Mahboob Shah v. Emperor1945
Common intention needs a prior meeting of minds.
Virsa Singh v. State of Punjab1958
Test for murder where the injury is sufficient in the ordinary course to cause death.
K.M. Nanavati v. State of Maharashtra1962
Grave and sudden provocation; led to the end of jury trials in India.
Abhayanand Mishra v. State of Bihar1961
Distinction between preparation and attempt.
Bachan Singh v. State of Punjab1980
Death penalty valid only in the rarest of rare cases.
Mithu v. State of Punjab1983
Mandatory death sentence is unconstitutional.
R v. Dudley and Stephens1884
Necessity is no defence to murder.
Joseph Shine v. Union of India2018
Adultery provision in Section 497 IPC struck down.
Practise Law of Crimes MCQs topic by topic
Beyond the six samples, all 489 questions for this unit are on their own pages, grouped by syllabus topic, with the answer key on the page.