Concept of Crimes

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Hello friends. This is my blog regarding the Law of Crimes. It is the introduction and can be asked in exams to write notes atleast for 5 marks and detailed description for 8 to 10 marks as per your paper pattern. Sometimes it may comprise of a long question of 16 to 20 marks. The underlined part of this article is minimum requirement to be written in the exam.
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Concept of crimes: -

Crime denotes an unlawful act punishable by state. There is no simple and universal definition of crime but statutory definitions have been provided for certain purposes.

Crime may be simply defined as, “A crime or offence or criminal offence is an act harmful not only to some individual or individuals but also to a community, society or state, i.e. a public wrong.”

An act of public wrong is forbidden and punishable by law, e.g. acts of murder, rape, theft are forbidden and punishable by law worldwide.The State or Government has the power to severely restrict one’s liberty for committing a crime.

An act to be classified as a crime, the “act of doing something criminal” (actus reus) must be accompanied by the “intention to do something criminal” (mens rea). While every crime violates the law, not every violation of the law counts as a crime.

Unlike torts, crime is not just a wrong against an individual but is also a wrong committed against the society or a public wrong.

It is not a case of differences between two parties but is a case between the wrongdoer and the state.

The idea of the need for punishment is a common element to defining crime; however it may also include any action or omission which causes harm to person or property or in any way violates the criminal law. 

Meaning:

Wrong takes place in two ways.

(a) by commission of an act, i.e. commission, e.g. killing a person by giving or administering poison or by a negligent surgical operation.

(b) or by omission of an act, i.e. omission, e.g. killing a person by not giving food or by omitting to give medical aid on time.

The wrongs may be broadly categorised under two heads

            (i) Private wrongs: Private wrong causes injury to individual or group of individuals, e.g. private nuisance; and the injured or aggrieved can approach the Civil court for the relief or redressal.

            (ii) Public wrongs: Public wrong causes injury to society or community or public as whole. It is pursued by the State or its subordinate authorities viz. Police, Criminal courts, Prison, Disciplinary authorities etc.

Crime is a public wrong. It is an offence against the community or society as a whole. It causes the treat to social security and creates social disorder, e.g. Murder, Rape, Theft, Robbery, Forgery etc. In Indian Penal Code and in entire judiciary system of India the word “offence” is used instead of word “crime”.

As there is no satisfactory definition of crime it is not defined in the Indian Penal Code (IPC or Code for short). According to Section 40 of Code, the word “offence” is an act Punishable by the Code. As stated earlier the offence takes place either by commission or by omission of an act. Thus all acts and omissions, which are described as offences under the Code, are crimes and are punishable under the Code.

Crime is the public wrong in the sense, any member of the public can institute the criminal proceedings against the person accused of an offence.

Definition: 

Here are the definitions by some law scholars around the world.

The most commonly accepted definition of crime is ‘an act that is capable of being followed by criminal proceedings’.

Blackstone’s definition: - Crime is defined as “an act committed or omitted in violation of Public law forbidding or commanding it.”

Blackstone does not intend to suggest that crimes violates no other rights besides public ones, obviously every theft violates some private right of property. It can be expressed more clearly as “A crime is a violation of a right, considered in reference to the evil tendency of such violation as regards the community at large.”

Definition by Sir James Stephen: Crime is an act, which is both forbidden by law and revolting to the moral sentiments of the society.

Definition by Kenny: Crimes are wrongs whose sanction is punitive and in no way remissible by any private person, but is remissible by the Crown alone, if remissible at all.

Nature of Crime:

Crime is an act or omission forbidden or prohibited by law.

It varies from place to place, e.g. Adultery is an offence in India under Section 497 of IPC but, it is no offence in America, it is civil wrong in England.

It changes from time to time, e.g. consumption of alcohol is an offence, if it is prohibited by state and is no offence it the prohibition is lifted.

Similarly, the practice of ‘Sati’ prevailing in the primitive society is now strictly prohibited and is punishable.