Multiple revised editions of the book are available in the market. However, its latest edition, written in a plain and concise style and endorsed by rich experts, both judicial and educational, will maintain its decades-old appeal to all those involved in the field of criminal law. This book is an essential companion for professionals, scholars, and judges of the trial court, particularly those at the beginning of their careers.
This thesis, a leading treatise on the topic for more than five decades, is a thematic analysis of criminal law's challenging and multi-dimensional subject in a concise, detailed, and systemic way. The book further discusses all the applicable provisions of the Code of Criminal Practice, 1973, and the Indian Evidence Act, 1872, explicitly dealing with the specific crimes contained in the Indian Penal Code.
It is a critical commentary that addresses both emerging issues and policy changes. The reviewer emphasizes the changes made after the last publication of the law related to criminal law. The strong connection between provisions found in the Indian Penal Code,
The book was divided into various chapters, and the series of parts was more or less adopted as per the Indian Penal Code system. In this endeavour, the author distinguishes civil and criminal prosecutions and refers explicitly to India's criminal laws' background history. In dealing with the Code's complexities, this historical context becomes important and allows readers to understand the Code even better. The initial chapters also set out the thematic structure that would be very useful to criminal law students.
The use of force which causes motion, change of motion or cessation of motion to another person, done without theconsent of such person, in order to commit an offence, or cause injury, fear or annoyance to the said person, thus,will amount to criminal force. No bodily injury or hurt need be caused.
The essential ingredients of assault are: (i) the accused should make a gesture or preparation to use criminal force;(ii) such gesture or preparation should be made in the presence of the person in respect of whom it is made; (iii)there should be intention or knowledge on the part of the accused that such gesture or preparation would causeapprehension in the mind of the victim that criminal force would be used against him and (iv) such gesture orpreparation has actually caused apprehension in the mind of the victim, of use of criminal force against him.37.4 Gesture or Preparation
Another essential requirement of assault is that the person threatened should be present and near enough toapprehend danger. In order to constitute the offence of assault, it is essential that the person apprehends that therewill be use of criminal force against him.
The question whether a particular act amounts to an assault or not, depends on whether the act has causedreasonable apprehension in the mind of the person that criminal force was imminent. As stated earlier, the words orthe action should not be threat of assault at some future point in time. The apprehension of use of criminal forceagainst the person should be in the present and immediate.
to the woman by an indecent assault or criminal force used against her does not take such an assault or forceoutside the ambit of section 354. Therefore, it does not absolve the person from criminal liability for outragingmodesty of the woman.
The ultimate test for ascertaining whether modesty has been outraged is whether the assault to, or criminal forceused against, the prosecutrix woman by the accused is capable of shocking the sense of decency of the woman. In 153554b96e