This article has been written by Ms. Falak Munaf Solkar, a 1st year BBA LLB(Hons) student from Kirit P Mehta School of Law, NMIMS University.
What is crime?
According to Stephen, “crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of the society.” To put it another way, crime refers to any action or inaction that the government has deemed illegal and that elicits social condemnation. Crime has always been an integral part of human society, and its causes and effects are varied and complicated. Theft, burglary, and even violence and murder are all examples of this. People or organisations can commit criminal acts, and there are many elements, including economic and psychological ones, that can lead to criminal behaviour. For individuals and for society as a whole, the effects of crime can be catastrophic. It may cause physical harm, emotional distress, financial ruin, or even death. As a result, governments, law enforcement agencies, and communities around the world must prioritise research on crime in order to better understand it and develop effective strategies for preventing and responding to it. To create a complete set of rules that define criminal offences and outline processes for punishing individuals who commit them, the Indian government enacted the Indian Penal Code. The Indian Penal Code (IPC) defines and specifies the penalties for each offence that is punishable by Indian law.
What Makes a Crime a Crime
There must be all four of these components for an act to be considered criminal:
- Individual human being: People are frequently the main culprits or accomplices in a criminal conduct. So, they can be seen as a component of criminal activity in a number of contexts. When a crime is committed, an actus reus, or bodily act, is committed, it is always carried out by human beings. They might, for instance, steal from someone or even try to physically harm or kill someone else. Second, criminal intent, or mens rea, can only exist in human beings. Their motivation for the crime could be anything from the desire for financial gain to the need for retribution. Thirdly, people can be on either side of a criminal transaction. As a result of the criminal conduct, the victim’s physical health, mental state, and financial stability may all suffer.
- Mens rea, sometimes known as “guilty mind,” refers to the defendant’s mental condition or level of consciousness at the time of the alleged criminal act. In order to commit a crime, one must intend to do so and be aware of the potential outcomes of their conduct. A shoplifter, for instance, must have intended to leave without paying for the expensive merchandise they took. Mens rea is crucial because it serves as a dividing line between criminal and noncriminal actions. Those who behave criminally but lack the essential mens rea may not be judged guilty, while those who do have it may face criminal penalties.
- “guilty act” (Latin: “actus reus”) means the specific act or series of acts committed by the defendant that form the crime in question. The accused must have acted voluntarily, meaning they did what they did despite knowing it was wrong or with full knowledge of the consequences, for there to be an actus reus. It’s possible that the act wouldn’t be considered criminal if it had been involuntary or accidental. The actus reus also has to involve illegal behaviour. There must be a statute that expressly outlaws the behaviour in question. The actus reus of theft, for instance, is the knowing and willful taking of another person’s property without their consent.
- Damage to another person: Causing physical harm to another is frequently central to criminal acts, with negative consequences for both the victim and society as a whole. When someone are hurt, it can affect them in many ways: physically, mentally, and monetarily. Their standard of living may suffer, and there may be long-term effects from this.
The prosecution must show each of these factors beyond a reasonable doubt in order to achieve a conviction in a criminal case. In the absence of any of these factors, the act may not constitute a crime, or the offender may be found guilty of a lesser misdemeanour.
Kinds Of Crime
Petty theft, organised crime, fraud, and violent offences like assault and homicide are just some of the many faces that crime can wear. The nature, severity, and effect of a crime on its victims and on society as a whole categorise it into one of several distinct forms of criminal activity. Policymakers, law enforcement, and communities can’t effectively combat crime without first having a firm grasp on its many forms. Property crime, white-collar crime, cybercrime, hate crime, and organised crime are only some of the prevalent criminal activities that will be discussed in this part.
- Violence against people
In this context, “crime against persons” refers to any criminal act performed with the specific intent to cause harm to a specific person. The victim is either physically injured or threatened with bodily injury, making these offences violent by definition. Assault, battery, manslaughter, rape, and a host of other crimes are all considered crimes against persons. Assaults, sexual assaults, domestic violence, child abuse, kidnapping, homicide, and hate crimes are all examples of crimes against people.
- Property crimes
When property, either real or personal, is damaged or destroyed, it is the victim of a crime. The primary goal of these offences is to earn financial benefit or inflict physical injury on the owner by taking or damaging their property without their permission. Trespassing, stealing, setting fires, and vandalising are all crimes against property. It’s important to remember that these crimes can happen anywhere—from private residences and commercial establishments to public areas and moving automobiles.
- Financial or “white collar” crime
When people or businesses commit fraud, embezzlement, or other forms of dishonesty in the course of their legitimate work, they are guilty of white-collar crime. These offences are frequently committed for monetary gain and entail dishonesty, secrecy, or a breach of trust, causing serious monetary loss to their victims. Fraud, embezzlement, money laundering, insider trading, and Ponzi schemes are all types of white-collar crimes. Many people in authoritative positions perpetrate these crimes, including business leaders, accountants, lawyers, and public servants.
- Cybercrime
The term “cybercrime” refers to wrongdoing that takes place via electronic means. Cybercriminals employ a wide variety of methods to steal information, finances, and personally identifying details from individuals, organisations, and governments. Hacking, malicious software, phishing, and cyberstalking are all examples of cybercrime. The victims of these crimes may suffer monetary loss, harm to their reputation, and a threat to their own or their country’s safety.
- Hate crimes
One definition of a hate crime is any act of violence or hostility committed against an individual or group because of their race, ethnicity, religion, sexual orientation, gender identity, handicap, or other legally protected feature. When perpetrated against a specific group, hate crimes frequently aim to instill fear in the hearts and minds of the victims and their communities. Assault, vandalism, harassment, and threats are all examples of hate crimes. Places of worship, schools, and other public locations are not immune to these kinds of crimes.
- Acts of hatred
The term “organised crime” is used to describe the coordinated illicit activity of a small number of people or a large criminal organisation. There is typically a boss or leader at the top who oversees and supervises all illicit activities for the gang. Because of its ability to make large profits and access to sophisticated criminal activities, organised crime poses a substantial danger to public safety and security. Because of their covert nature and ties to power and money, these organisations are notoriously hard to uncover and bring to justice.
Conclusion
In sum, crime is an intricate and varied problem that affects people at all levels of society. Offenses can range from the relatively trivial to the extremely serious and violent. The criminal justice system is responsible for investigating and prosecuting these acts because of the harm they do and the disruption they cause to societal order. Nevertheless, reducing criminal activity involves more than just stricter laws and harsher penalties. Education, social support, and tackling underlying social and economic causes including poverty, inequality, and lack of opportunity are all important forms of prevention and intervention. As a final objective, ensuring that everyone’s rights are respected while simultaneously making our communities safer should be a top priority. Effective strategies that address the causes of crime and promote a safer and more just society can only be developed via a concerted effort on the part of law enforcement, legislators, and the general public.
References
- https://www.thoughtco.com/types-of-crimes-3026270
- https://www.legalservicesindia.com/article/1228/The-Elements-and-Stages-of-a-Crime.html
- https://www.writinglaw.com/crime-ipc-definition/