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

Quick answer: A crime generally requires a guilty act and a guilty mind. Law entrance questions test the stages of a crime, the general defences, and whether the mental element required by the stated principle is present in the facts.

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

  1. Intention — generally not punishable by itself.
  2. Preparation — punishable only for specified offences.
  3. Attempt — punishable, requiring an act beyond mere preparation.
  4. 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.