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.
Salmond defined crime as an act which is harmful to society in general deemed by law even though the victim was an individual. He differentiated crime and civil wrong by saying that civil wrongs are private wrong whereas crimes are public wrongs. The practise of defining criminal behaviours and classifying individuals as criminals is central to the field of criminology. There is a specific sequence of events that must occur before a person can be officially labelled a criminal by the law, and each of these events must adhere to the letter of the law. The Criminal Procedure Code (Code of Criminal Procedure, 1973, Act 2 of 1974), the India Penal Code (1860), and the Indian Evidence Act (1872) are used to illustrate these regulations (together known as criminal procedure). The Criminal Procedure Act of 1973 (Criminal Procedure Act of 1973) However, these norms of procedure vary greatly from culture to culture, and yet virtually all modern societies have a set of fair guidelines by which to conduct the grave business of formally labelling someone as a criminal.
Essentials of crime
To constitute a crime, there are 4 essential elements to it.
- The first element being human being.
Because most criminal offences involve an act or omission performed by a human being, humans can be a crucial component of crime. To commit an act that is expressly forbidden by law and for which there is a penalty or punishment is to have committed a crime. Only human beings have the capacity to perform an act or omission, making them a necessary component of crime. Theft is an example of a crime that requires the participation of a human. Without the owner’s permission, the accused must seize or relocate the property, and only a human can do it. Similarly, in order to be found guilty of murder, the accused must have directly contributed to the death of a human being. Certain criminal acts may involve neither human nor animal participants. Nonetheless, human agency or intent remains central to these crimes. Arson is the intentional destruction of property with no regard for human life; an example would be someone setting fire to a structure.
- second element of crime is mens rea, or evil intent
The legal concept of “mens rea,” which literally translates to “guilty mind,” describes the defendant’s state of mind at the time of the alleged criminal act. Mens rea is seen as crucial in many legal systems, including India’s.
Mens rea is required for the majority of offences under the Indian Penal Code (IPC). The accused must have intended or known that their conduct would cause the victim’s death in order for them to be charged with murder under Section 300 of the IPC. The accused must have had the specific intent to steal someone else’s property in order to be charged with theft under Section 378 of the IPC. Some crimes of the IPC, known as “offenses under strict liability,” do not require mens rea, meaning that the accused can be punished even if they had no prior purpose or knowledge to conduct the crime.
- Third element is actus rea, or guilty act
Along with mens rea (criminal intent) and causality, actus reus is one of the three necessary factors to establish criminal liability. The act or acts constituting a crime are referred to as the “actus reus” of the legal system. Evidence is the part of a crime that can be seen and verified by other people.
A person must have committed the actus reus of an offence in order for a conviction to be upheld. For a criminal conviction, the prosecution must prove beyond a reasonable doubt that the accused committed the illegal act. In the context of stealing, the act of taking another person’s property without their permission would be the actus reus. The deliberate killing of another person is the actus reus in a case of murder. A failure to act or omission may constitute the actus reus in specific circumstances, therefore this must be kept in mind. In criminal negligence trials, for instance, a person’s inaction in the face of imminent danger may constitute an actus reus.
Actus reus, or the physical act or action constituting the offense, is a necessary element of a crime that must be proven beyond a reasonable doubt at trial.
- The forth and the last element is the injury
The Indian Penal Code recognises that bodily harm is often a necessary component of certain offences. (IPC). As a result, victim harm is required for commission of these offences. In Section 319 of the IPC, for instance, the offender must inflict “hurt” upon the victim, which is defined as “any bodily pain, disease, or infirmity caused by the accused’s act.” A similar gesture or attempt to cause “criminal force” to the victim is required for the offence of assault under Section 351 of the IPC. “Criminal force” is defined as any force that causes damage, fear, or annoyance to the victim.
Grievous hurt (Section 320), causing death by negligence (Section 304A), producing hurt by dangerous weapons or means (Section 324), and inflicting hurt to deter public servant (Section 332) are just some of the other offences under the IPC that entail the element of injury.
Stages of crime
- Intent: In this phase, the criminal decides to carry out the criminal act. The perpetrator may form the purpose at any point prior to the commission of the crime. The formulation of the intention to commit the crime is the first step in the performance of the act, like in the case of a person deciding to steal a mobile phone from a store.
- Preparation: After deciding to break the law, the criminal next steps into the preparatory phase. The criminal here is making preparations to commit the crime by acquiring the required materials. If one is trying to rob a bank, for instance, one must first figure out how to get there, acquire the necessary equipment, and figure out how to get away.
- Attempt: The perpetrator makes some kind of effort to carry out the planned criminal act during the attempt phase. The criminal now moves onto the implementation phase of his scheme. The attempt phase, in the context of a bank robbery, would consist of the perpetrator actually entering the bank and making an effort to steal money.
- Commission: The commission of a crime is the final step in the criminal process. At this point, the criminal acts upon his or her criminal intent. The commission phase of a bank robbery, for instance, entails the perpetrator leaving the bank in possession of the loot.
Conclusion
In conclusion, the Indian Penal Code specifies a number of necessary factors for the commission of an offence. (IPC). Involvement of a human being, the presence of injury or harm to a person or property, the creation of intent, and the completion of the crime via various stages of planning, attempting, and committing the crime are all examples of such aspects, while more may be included depending on the nature of the crime in question.Intent, preparation, attempt, and commission are the four stages that make up a crime under the Indian Penal Code (IPC). These steps are a helpful breakdown of how a crime is committed and can shed light on what must be in place for a crime to be declared “complete.”
It’s crucial to keep in mind, though, that not all crimes require all four steps. Different offences may have different prerequisites under the IPC, and some may even bypass prerequisites completely.
References
https://www.legalservicesindia.com/article/1228/The-Elements-and-Stages-of-a-Crime.html
https://thefactfactor.com/facts/law/legal_concepts/criminology/what-is-crime-and-criminology/7004/
https://lawsstudy.com/ipc-india-crime-and-its-essential-elements-under-ipc-1860/
https://thefactfactor.com/facts/law/criminal_law/indian_penal_code/section-11-of-ipc-person/17349/