Crime and it's Elements

1. What is Crime?

Crime refers to any act or omission that violates laws, punishable by the state. Crimes harm individuals, society, or both, and can range from theft and assault to more serious offenses like murder and fraud. The purpose of criminal law is to maintain public order and safety by deterring, punishing, and rehabilitating offenders.

2. Meaning and Origin of Crime

The term "crime" is derived from the Latin word "crimen," which means "accusation" or "fault." Over time, this evolved to represent behaviors that society and laws deemed unacceptable or harmful. The concept of crime is universal, but specific actions defined as crimes can vary across cultures and legal systems.

3. History of Crime in India

In ancient India, crimes were regulated through customary laws and religious texts like the Manusmriti and Arthashastra. These texts outlined punishments for various offenses, based on caste, social status, and the nature of the crime. The Manusmriti prescribed severe punishments, often favoring deterrence, while Arthashastra introduced more practical laws addressing theft, assault, and corruption, emphasizing state security and public welfare.

4. Definition of Crime by Popular Law Scholars

Prominent scholars have defined crime in various ways:

• Blackstone: "Crime is an act committed or omitted in violation of a public law forbidding or commanding it."

• Ratanlal and Dhirajlal (Indian scholars): Defined crime as acts or omissions punishable by law, which breach the duty imposed by law and affect society as a whole.

• K.D. Gaur: Explained crime as a violation of rights and duties, which are regulated by law and ensure societal order.

5. Essential Ingredients of Crime

Crime consists of four essential elements:

• Actus Reus (Guilty Act): The physical act of committing the crime.

Actus Reus refers to the physical act or illegal omission that constitutes a crime. This component of a crime must be a voluntary action that results in harm. For example, in the case of theft, the physical act of taking someone’s property without consent is the Actus Reus.

Under Indian law, Actus Reus includes all the actions described in specific sections of the IPC, detailing what constitutes criminal conduct. If the act is involuntary, such as in cases of reflex actions, it does not typically satisfy the requirement of Actus Reus.

Example: In the case of murder under Section 101 of the BNS 2023, the act of killing someone deliberately is the Actus Reus.

• Mens Rea (Guilty Mind): The intention or knowledge of wrongdoing.

Mens Rea refers to the mental state or intent to commit a crime. This aspect emphasizes that the person must have had knowledge or intention to cause harm. Without Mens Rea, an act may not be punishable, as criminal intent is usually required for most offenses under the IPC.

In Indian law, Mens Rea varies depending on the crime. For example, theft requires an intent to permanently deprive the owner of property, while culpable homicide requires an intention or knowledge that the act is likely to cause death.

Example: In the case of R. v. Dudley and Stephens, two individuals were charged with murder for killing a boy to survive starvation. Their act showed intent (Mens Rea), fulfilling the crime’s criteria. This case emphasizes that even in desperation, Mens Rea can make an act punishable.

Example of Theft (Section 303 BNS 2023): If a person picks up someone’s wallet with the intent to keep it, the act of taking it is the Actus Reus, and the intention to keep it as their own constitutes the Mens Rea.

Example of Culpable Homicide (Section 100 BNS 2023): If someone knowingly drives a car into a crowded area and causes death, the Actus Reus is driving into the crowd, and Mens Rea is the knowledge that this act could result in death.

• Injury: The harm or damage caused by the crime, either to an individual or society.

• Human Being: One of the important element of a crime is a human being. Any wrongful act to be called a crime must be done by a human being. There must be a human being under a legal obligation to act in a particular way, and it must also be capable of being punished.

• Crimes Against Persons: Murder, assault, kidnapping.

• Crimes Against Property: Theft, burglary, fraud.

• Crimes Against State: Sedition, treason.

• Crimes Against Public Order: Rioting, unlawful assembly.

• Crimes Against Women and Children: Dowry death, child abuse, sexual offenses.