Crime: Concept, Stages and Elements | Criminal Law for Judiciary Exams PDF Download

Introduction

• The concept of crime has intrigued societies throughout history. Criminal activities are universally condemned, prompting jurists to delve into the depths of criminal behavior and its causes. Societies have grappled with the need to identify prohibited acts deserving punishment, a task influenced by public opinion and societal norms. H.J. Klare, in his work 'Changing Concepts of Crime and its Treatment,' posits that laws are shaped by political processes and align with prevailing societal standards. Criminality is defined by deviating from accepted behavioral norms and evoking punitive measures.
• According to Stephen in 'General View of Criminal Law of England,' crime encompasses acts forbidden by law and contrary to societal morals. Offenses like murder, robbery, kidnapping, and terrorism are universally denounced as criminal. However, societal perceptions vary, with different cultures interpreting crime based on their values and legal frameworks. For instance, British colonial rule aimed to eradicate practices like Sati and Johar in Hindu customs and polygamy in Muslim customs, reflecting the evolving nature of legal definitions.

Definition of Crime

• Bentham's Definition:
  • According to Bentham, crimes are actions prohibited by the legislature for either good or bad reasons.
  • In a theoretical context seeking optimal laws based on utility, any act believed to warrant prohibition due to the harm it causes or may cause is termed an offense.
• Blackstone's Definition:
  • Blackstone defines crime as an act committed against or in violation of public law, whether by commission or omission.
• Stephen's Modification:
  • Stephen suggests a modification to Blackstone's definition, stating that a crime is a violation of a right, viewed in terms of its detrimental impact on society as a whole.
• Austin's Perspective:
  • Austin argues that civil injury is a wrong pursued by the injured party or their representatives, whereas a crime is a wrong pursued by the sovereign or their subordinates.

Elements of Crime

• A person must have a legal duty to act in a specific way and be capable of receiving punishment.
• There must be a wrongful intention on the part of this individual.
• An action must be taken or omitted in line with this intent.
• There must be harm caused to another individual or society as a result of this action.

In ancient times, punishment was sometimes directed towards animals or objects for harm they caused. However, as societies evolved, the concept of punishment shifted towards human beings. Criminal jurisprudence in ancient Hindu society, for example, did not involve the trial and punishment of animals or objects.

It is essential that the offender is a human being with the mental capacity to understand their actions. Criminal law focuses on individuals who can be held accountable and punished. Artificial entities like corporations are not subject to punishment as they lack the physical and mental attributes required for punishment.

Mens Rea

• Definition: Mens rea is a fundamental concept in English criminal law, emphasizing that a crime is not committed if the individual's state of mind is innocent. The principle 'actus non facit reum, nisi mens sit rea' highlights the necessity for both intent and action to align to constitute a crime.
• Exceptions to Mens Rea:
  • Certain cases, such as Revenue acts or Public Nuisance, may not require criminal intent but are prohibited in the public interest under penalties.
  • Some cases, although criminal in form, serve as a summary method of enforcing civil rights.
• Application in Penal Code: The maxim 'actus non facit reum, nisi mens sit rea' does not directly apply to offenses under the penal code. Definitions of offenses in the code explicitly mention the mental state required, like 'intentionally,' 'voluntarily,' 'knowingly,' 'dishonestly,' or 'fraudulently.'
• Variations in Mens Rea: Depending on the offense, mens rea can signify different states of mind such as fraudulent, dishonest, negligent, or rash. Each offense in the code inherently implies the presence of criminal intent in some form.
• Legislative Intent: If the Indian legislature omits to specify a particular mental condition for an offense, it is presumed to be intentional. In such cases, the doctrine of mens rea may not be applicable.

Knowledge of Offences in Penal Code

• Proof of Knowledge in Offences:
  • For certain offenses, knowledge of the facts is crucial for establishing guilt.
  • In some instances, the accused may be punished regardless of their awareness of the offense.
• Irrelevance of Knowledge in Certain Offenses:
  • There are offenses where the accused is punished irrespective of their knowledge.
  • In cases where a specific action is prohibited, awareness of the act is not a determining factor.

Innocence

• Presumption of Innocence: The legal principle of innocence until proven guilty places the burden of proof on the prosecution. It means that every individual is considered innocent until proven otherwise. Criminality should never be assumed, and guilt must be established beyond any reasonable doubt.
• Proof of Guilt: For a person to be convicted, guilt must be positively affirmed and cannot be assumed from the lack of a defense. The prosecution cannot capitalize on the defense's weaknesses but must prove their case conclusively. Mere suspicion, no matter how strong, is not sufficient evidence.
• Legal Precedent - Brij Bhushan Singh vs. Emp. (1946): In this case, the Privy Council emphasized that suspicion, no matter its intensity, is not equivalent to proof. It reinforced the idea that guilt must be established beyond doubt for a conviction to occur.

Criminal Intention

• Definition of Criminal Intention: Criminal intention refers to the purpose or design of committing an act prohibited by criminal law without a just cause or excuse.
• Intent vs. Motive: It's important to note that "intent" should not be confused with "motive." Intent focuses on the specific aim to achieve an outcome, while motive refers to the reason behind the intention.
• Presumption of Intention: In legal terms, there is a presumption that every sane individual intends the natural and probable consequences of their actions unless there is reasonable doubt about the existence of such intention.
• Acting on Intention: An act is considered intentional if the idea of the act precedes its actual execution, with the idea manifesting into reality due to the accompanying desire.
• Illustrative Example: For instance, if someone sets fire to a property with the purpose of causing damage, their intention is directly linked to the act of arson and the resulting destruction.

Motive

• Legal Presumption: When a person is aware of a consequence resulting from an action, the law assumes that they intended that consequence, regardless of any hidden motives behind the act.
• Insufficient Criterion: The motive behind an action alone is not adequate to determine its legality. Motive encompasses factors that can influence, initiate, or even hinder an action.
• Unlawful Acts: Even if an action is performed with a good motive, if it is against the law, the motive does not excuse its illegality.
• Illustrative Example: For instance, if someone drives recklessly (an unlawful act) to get a sick person to the hospital quickly (good motive), the law still holds them accountable for reckless driving.

Mistake of Law

• Ignorance of the law does not serve as an excuse, even for individuals unfamiliar with the legal system. This principle, known as ignorantia juris non excusat, applies universally to criminal offenses.
• In the context of criminal law, this maxim leaves no room for exceptions, not even for foreigners who may not reasonably be expected to be aware of the laws of a particular country.
• It is crucial to understand that the assumption that everyone is knowledgeable about the law is a legal construct. This assumption is fundamental for the proper functioning of the criminal justice system.
• Without the legal fiction that individuals are aware of the laws governing them, the administration of criminal justice would face significant challenges and potentially grind to a halt.

Actus Reus

• Actus Reus, a Latin term denoting a criminal act, refers to a voluntary bodily movement resulting in a criminal action.
• It encompasses physical activities causing harm to individuals or property, ranging from assaults to property destruction.
• Exceptions to Actus Reus involve involuntary actions, such as those stemming from spasms, convulsions, or actions during sleep, unconsciousness, or hypnotic trances.
• In such cases, criminal deeds may occur unintentionally, with the individual unaware until afterward.

Stages in the Commission of an Offence

• Intention to commit an offence: The Indian Penal Code acknowledges that merely thinking about committing a crime is not punishable. Criminal liability does not attach to a mere desire to commit a crime if no action follows.
• Preparation to commit it: The law punishes preparations for serious offenses like waging war against the government or possessing instruments for counterfeiting coins or government stamps.
• Attempt to commit it: Attempting to commit a crime is punishable as it brings the perpetrator close to the intended offense.
• The commission of the offence: This is the final stage where the actual crime is committed.

Criminalizing preparations for certain grave offenses is justified to prevent crimes at an early stage. The law does not penalize the first two stages as they are seen as too distant from the actual commission of the crime and relatively harmless.

In the case of Kailash Chandra Pareek vs. State of Assam (2003), attempting to commit an offense is punishable as it brings the individual close to committing the crime. The Supreme Court has clarified that an attempt to commit a crime involves a greater degree of determination compared to preparation.