General Introduction of Crime

Introduction

Crime and Criminal both are looked upon with greatest hatred from all the people in society but it is also true that the study of law of crimes is a fundamental branch of law that deals with offences against the state or society as a whole. In India the primary sources of criminal law are:

• Indian penal code, 1860 (Now repealed by Bhartiya Nyaya Sanhita, 2023),
• Code of Criminal Procedure, 1973 (Now repealed by Bhartiya Nagarik Suraksha Sanhita, 2023)
• Indian Evidence Act, 1982 (Now repealed by Bhartiya Sakshya Adhiniyam, 2023)

History and Evolution of IPC

Before the IPC, India did not have a uniform criminal law and different Communities followed their own laws based on custom, religious text, and regional practices.

1. Drafting of IPC (1834-1860)

The first step towards codification of Indian Panel code Game with the first Law Commission which was chaired by Thomas Babington Macaulay in 1834. The draft was submitted to Governor General of India council in 1837, but it was again revise and completed in 1850.

2. Enactment of IPC (1860)

Indian Panel code was enacted on October 6, 1860, and it came into force on January 1st, 1862. It applies to whole of India.

3. Structure of IPC

The IPC is divided into 23 chapters and contains 511 sections. It covers a wide range of offences like offences against the state, offences against human body, offences against property etc.

Definitions of Crime

Crime is defined as “an act punishable by law as forbidden by statute or injurious to the public welfare.”

1. Bentham:- “Offences are whatever the legislature has prohibited for good or bad reason.”

2. Blackstone:- “An act committed or omitted in violation of a public law either forbidding or commanding it.”

3. Stephen:- “Crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of the society.”

4. Austin:- “A wrong which is pursued at the discretion of the injured party and his representatives is a civil injury; a wrong which is pursued by the Sovereign, or his subordinates is a crime.”

Elements of Crime

There are four essential elements to constitute a crime in Indian Penal Code

1. Human Being:- A human being must have done the Act it is only after then punishable by law. It cannot be done by animals or inanimate object because evil intent is required to constitute a crime which they do not possess.

2. Mens rea or Intention:- It refers to the mental state and intent of the person at the time of committing the act. This means an act in order to be punishable at law must be a willed act or a voluntary act and at the same time must have been done with a criminal intent.

Types of mens rea include:

• Intention
• Knowledge
• Recklessness
• Negligence

“Actus non facit reum nisi mens sit rea”- It means                                                                                   that act alone does not make a man guilty unless his intentions were so. It is a well-known principle of natural justice. No person could be punished in a proceeding of criminal nature unless it can be shown that he had a guilty mind.

“Actus me invito factus non est mens actus”- It means that an act done by me against my will is not my act at all. For any criminal Liability there must be a ‘voluntary act.’

Some Important Case Laws on Mens rea: -

1. R vs Allday

Held- No man is guilty unless his mind is guilty.

2. Sherras vs De Rutzen 1895

Held - It was held by Justice Wright that: -

• There is presumption that mens rea is a fundamental part in every offence.
• Unless the opposite is proven, mens rea is assumed in every statute.
• However, that presumption of mens rea may be displaced either by the words of the statute or by the subject matter with which it deals, and both must be considered.

3. State of Maharashtra vs M.H. George AIR 1965 SC 722

Held - The Supreme Court held that mens rea is not required where the statute clearly imposes strict liability.

4. Actus reus or act:- A human Being and mens rea are not enough to constitute a crime, there should be some act or omission which is forbidden by law. An act includes illegal omissions also. A man is held liable if some duty is cast upon him by law and he omits to discharge that duty.

5. Injury to Human Beings:- The above act should inflict some harm or injury on other person. The Indian Penal Code defined Injury under Sec 44 denotes that ‘any harm whatever illegally caused to any person, in body and mind, reputation or property’.

Stages of Crime

Criminal liability develops through four distinct stages in Indian penal code, hereinafter mentioned: -   

1. Intention (Mens rea):- It is the mental decision to commit a crime. It is the first stage of crime and involves the formation of guilty mind. It is not punishable unless expressed through some overt act, but it is the most crucial part for proving guilt in most crimes.

Example: - A plans to kill B in his mind but does not act yet

2. Preparation:- It is known as the planning stage where arrangements are made to commit the offence. Generally, this stage is not punishable under Indian penal code but there are some exceptions of offences such as Dacoity, waging war against the state, etc.

Example: - A buys poison for killing B

3. Attempt:- It has not been anywhere defined in Indian penal code. It is an action in furtherance of the intention and preparation of a person to commit a crime. It is Punishable under Indian penal code.

Example: - Pulling the trigger but missing the target; trying to pickpocket an empty pocket

4. Accomplishment:- The final and Last stage where the criminal act is fully executed, fulfilling both actus reus and mens rea. It is fully punishable as the offence has been committed under Indian penal code.

Conclusion

Criminal law forms a cornerstone of the legal system. It has not only been against morals perceived in society but also prohibited by law and punished under “Indian penal code (Now Bhartiya Nyaya Sanhita).” This Act has been evolved to make a uniform law on crime. Crime cannot be punished under Indian penal code without having some essentials elements such as human beings, mens rea, actus rea, and injury. Understanding the stages of crime—intention, preparation, attempt, and commission—is essential in criminal law for determining a punishment. While not all stages are punishable (such intention or preparation), the attempt and accomplishment of a crime often lead to punishment.