Note of Chapter 1: General introduction of criminal law, from exam perspective. (Cursory notes)
Chapter 1: General introduction of criminal law
a) introduction of criminal law:
- Criminal law is the body of law that relates to crime.
- Criminal law is also called as public law, as public law is related with relationship between state individuals.
- According to Social Wrong theory, Criminal law originated as a rational process of unified society. Because when wrong occurs in society, the society makes law itself.
- Criminal law is a broad concept which not only deals with criminology but also with the conapts like victimology along with penology.
- Criminology-criminal law
- Penology-Punishment system
- Victimology-justice system
- The purpose of criminal law is to protect the public interest. It maintains integrity of state, administration of justice, social security and order in a society.
Definition of Criminal law
- Body of the law that deals with conduct which is considered as harmful to society as a whole, and that is prohibited by statue, prosecuted and punishable by the government.
- Criminal law is a type of law designed to protect society from crime. Criminal law is foundation of criminal justice system.
- Criminal law originates from supreme legislation which aims to punish the offender. Society reacts against criminals through criminal law.
Nature of Criminal Law
- Universal and rigidness
- Criminal law is branch of public law
- Criminal law is administered by state, and it is non delegated in nature
- Rigidness in interpretation of criminal law
- Criminal law offence is criminalized everywhere
- Changing in nature of criminal law
- Criminal law includes punishment system and justice system.
Jurisdiction of Criminal Law:
1. Territorial jurisdiction
- Law being applicable in the country where it is enacted, such law is regarded as law having territorial jurisdiction.
- Offender is punished as per the law of land.
2. Extra territorial jurisdiction
Law of the land may be extended even to regulate certain activities that are committed outside the boundary of z country.
E.g. human trafficking, anti-corruption, drugs related cases
National Penal (Code) Act 2074: Section 2 Extra territorial application of the Act
Jurisdiction of law is also connected with extradition treaty.
Case: HMG V. Indris Miya et.al, NKP 2044 (polygamy)
3. Universal jurisdiction
- Member countries of international court can take necessary action against the one who violates human rights and does other crime recognized by International Instrument.
4. Personal jurisdiction
- Example India, there exists two different types of law in regard of marriage: Hindu law and Muslim Law.
- In Nepal, there there is single law for marring with a certain proviso, which allows marrying within certain close relation for certain ethnic groups.
- India- marriage, succession, adoption guardianship
Trot and Crime:
- Tort is civil case of action providing private remedy for an injury.
| Tort | Crime |
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