Criminal Law Basics for Law Entrance Exams
Written and reviewed by Shubham Jain, BA LL.B., LL.M. · UILS, Panjab University alumnus · founder with 15+ years of teaching · Jury Law Academy, founded in 2016.
Sep 20, 2026
The two elements
Actus reus is the prohibited conduct, including omissions where a duty exists. Mens rea is the mental element — intention, knowledge, recklessness or negligence, depending on the offence.
Stages of a crime
- Intention — generally not punishable by itself.
- Preparation — punishable only for specified offences.
- Attempt — punishable, requiring an act beyond mere preparation.
- Commission — the completed offence.
General defences
- Mistake of fact, not mistake of law
- Accident without criminal intention
- Infancy, subject to age thresholds
- Unsoundness of mind preventing understanding of the nature of the act
- Involuntary intoxication
- Consent, within limits
- Necessity
- Private defence of body and property, within proportionality limits
Concepts that recur in questions
- Culpable homicide and murder: the difference lies in the degree of intention and knowledge, and recognised exceptions.
- Theft, extortion and robbery: distinguished by consent, fear and force.
- Criminal conspiracy: agreement to commit an illegal act.
- Abetment: instigation, conspiracy or intentional aid.
A caution about updates
India's criminal law statutes were recast in new legislation. For section numbers and current text, rely on the official India Code repository rather than older notes.
Related reading
Frequently Asked Questions
What are the two basic elements of a crime?
A guilty act (actus reus) and a guilty mind (mens rea), unless the offence is one of strict liability.
What are the stages of a crime?
Intention, preparation, attempt and commission. Mere intention is generally not punishable.
Which general defences appear most in questions?
Mistake of fact, accident, infancy, unsoundness of mind, intoxication, consent, necessity and private defence.
Has Indian criminal law changed recently?
India's criminal statutes were recast in new legislation replacing the earlier codes. Candidates should verify current provisions in the official India Code repository.