Definition of Crime According to Blackstone “Crime is an act committed or omitted in violation of public law either forbidding or commanding it.
” According to Stephan “Crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of the society.” Elements of Crime There are four elements of crime namely; (1) Human being (2) Mens Rea / Guilty Mind (3) Actus reus / Prohibited act, and (4) Injury to society or human being.
(1) Human being – Only Human being can commit crime under IPC. In European Countries animals were also punished for committing crime during medieval era. In Hindu criminal jurisprudence did not provide for trail and punishment of animals or inanimate objects. Only a human being under a legal obligation and capable of being punished can be the proper subject of criminal law. It means a human being must have a body. Legal person like company or idol will not come under human being. Company can commit crime. But that matter is governed by other laws. For example Companies Act, 2013.
(2) Mens Rea –
Mens Rea means guilty mind. It is denoted with intention, knowledge, negligence, rashness, wrongful gain or wrongful loss, voluntarily or reason to believe, mala fides etc.
Rule - Actus non facit reum, nisi mens sit rea means the act itself does not make a man guilty, unless the mind is also guilty. Chapter IV (General Exceptions) of IPC is itself recognition of requirement of mens rea.
Exceptions - There are certain cases in which human being can be punished even without guilty mind. Such types of offences come under the principle of strict liability. For examples kidnapping, bigamy, economic offences (M.H. George Case) etc.
(3) Actus reus / Prohibited act-
According to Kenny ‘actus reus’ is such result of human conduct as the law seeks to prevent.
Professor Glanville Williams has given wider meaning of actus reus. According to him actus reus means the whole definition of crime with the exception of mental elements.
Actus reus includes negative as well as positive elements.
According to section 32 of IPC ‘act’ includes omission.
According to section 33 act also includes series of acts.
Mens rea itself is not sufficient to constitute offence. Guilty mind cannot be identified unless some overt act is done.
(4) Injury – According to section 44 of IPC the word “injury” denotes any harm whatever illegally caused to any person,
in body, mind, reputation or property.
In certain situation person is punished even though he has not committed injury to another person. These are the case of inchoate crime for example abetment, conspiracy and attempt.
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