The article has been written by Mr. Rajdeep Hembram, a 1st year LLM student from University Law College, Hazaribagh, Jharkhand
Introduction
The word crime is derived from the latin root cerno meaning “I decide, I give judgement” , Originally the latin word crimen meant “charge” or “cry” of distress . The theory of crime and justice is as old as time itself. Crime can be defined as “ an act that is deemed by statute or by the common law to be a public wrong and is therefore punishable by the state in Criminal proceeding. Crime is an act that affects the entire society and thus criminal laws are enacted to protect the society from criminal act. In all over the world there is some penalise for criminal offender.
Various jurist definition about crime.
Austin definition
According to 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”.
Bentham definition
According to Bentham “ offences are whatever the legislature has prohibited for good or for bad reasons.”
Blackstone definition
According to Blackstone it is an “act committed or omitted in violation of a public law either forbidding or commanding it”. He also defined crime as “ violation of the public rights and duties due to the whole community, considered as a community, in its social aggregate capacity”.
History of criminal Law in India
Earlier in ancient vedic system there were also various types of law related to criminal law, various civil and criminal law can be obtained from Manu Smriti, Arthashastra, yajnavalkya smriti etc.
The Manu smriti is also known as the “ Manava- Dharmasastra or law of Manu is one of the many legal texts and constitution among the many Dharmasastras of Hinduism. In this justice administration the king is viewed as supreme power and authority to punish the offender.
The Arthashastra is an ancient Indian Sanskrit treaties on statecraft, political science, economic policy military strategy, Kautilya also identified as Vishnugupta and Chanakya is traditionally created as the author of text. During this the Hindu law were in the form of smritis, shrutis, shastras and tikas were in use.
Yajnavalkya smiriti is also one of the many dharma related texts of Hinduism composed in Sanskrit. It is dated between the 3rd to 5th century CE and belongs to the Dharmashastra tradition. In this it is not confined to the law of Manu it arises if any right of person is infringed or any injury is caused.
Modern day criminal justice of India
In present day the criminal justice is composed of three main components that are :-
- Police- the police are the one who are responsible for collecting evidences, investigation and apprehending criminals. The police investigate crimes scene, collect evidences and interrogate suspects.
- Judicial system- judicial system are the one who is responsible to ensure that the trial are conducted properly and justice is served.
- Correction system i.e. the prisons – in this it is the duty of the jailor and administration of prison to ensure there is proper rehabilitation to offender.
All this administration system and procedure are governed by Criminal procedure code and punishment under Indian penal code:-
And under Indian penal code there are mainly three stages of crime firstly intention to commit crime, secondly preparation for its commission and lastly the attempt made to commit it.
- Intention – under Indian penal code there is no punishment for intention. The act is itself is not unlawful if there is no bad intent behind it. To be a crime both intent and conduct must be present. However intention, motive, knowledge, recklessness and negligence come under Mens rea. Example- A stabs B, then the intention is clear that A wanted to kill B
- Preparation – under this stage there is also no punishment there is only to plan and organize to commit crime. In this all resources are collect together to commit crime but there is no offence under this stage. Example- there are some section 122- Waging war against the Government of India, section 216- Committing depredation on the areas of any country which is at peace with the government of India, section 233 – Making or selling instruments for counterfeiting coin. However even they are planned are offence under penal code but in this also prosecution fails to establish the preparation.
- Attempt made to commit crime – under this stage there is punishment under Indian penal code. It is the last stage of criminal act under this the offender has completed all three steps. And the offender come under Actus rea. In this if the offender has committed or attempt to commit in both situation he will be punishable under Indian penal code. Example section 307 attempt to commit murder, section 308 attempt to commit culpable homicide, section 393 attempt to commit robbery.
Definition
- Mens rea – Mens rea is the Latin term meaning “guilty mind.” In criminal law, mens rea means the state of mind required for the commission of a crime. Mens rea is typically divided into four categories, as different crimes require different levels to apply:
The first level, intent, requires that the defendant intend for the specific result. First-degree murder and most theft crimes often require this level of mens rea, though most crimes do not.
The second level, knowingly, requires that the defendant know the likely result of the act. Second-degree murder and most assaults require this level of intent,
The third level, recklessness, requires that the defendant knew of the risk and consciously ignored it. Involuntary manslaughter, such as when drunk driving results in a death, is an example.
The fourth level is negligence, which requires that the defendant should have perceived a risk but failed to do so. While negligence is a common civil standard, most crimes require something more than negligence.
- Actus rea – Actus Reus is defined in law as an element of criminal responsibility, more specifically, the wrongful act or omission that constitutes the physical component of a crime. It represents a fundamental concept in criminal law. In order to convict the defendant or person accused of committing a crime, the prosecution must prove the physical element of the crime in question. This means the defendant’s actions in that particular instance. The Actus Reus of a crime may be in various forms and, in some instances, there need not be an “act.” Crimes such as theft, rape, possession of a firearm or drugs, or perjury all constitute criminal acts, meaning that the act itself is illegal or against the law.
Judgement on stages of crime
- Asgarali Pradhania v. Emperor (1933)
In this , the Calcutta High Court, while distinguishing between an attempt to commit an offence and its preparation, was of the opinion that not every act done by the accused can constitute an attempt to commit the said offence. The facts of the case included the accusation of an attempt to cause a miscarriage of his ex-wife. The Court held that if the accused, with an intention to administer a drug which shall cause a miscarriage, administers any harmless substance instead, he shall not be liable for the attempt to cause miscarriage. However, if the failure of the accused is caused by someone else, it shall result in the contrary.
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State of Madhya Pradesh v. Narayan Singh (1989)
In this , the Supreme Court held that the commission of an offence involves four stages; i.e. intention, preparation, attempt and commission. The first two stages of these offences would not attract culpability, however, the last two stages would attract it. In this case, the respondents were trying to export fertilisers without a permit from Madhya Pradesh to Maharashtra. Hence, the act was considered to be an attempt of the offence rather than just preparation.
- Mathivanan v. the State of Tamil Nadu (2021)
In this , the Madras High Court reiterated that the first and the second stage (intention and preparation) are generally not culpable, whereas the third and the fourth stage (attempt and accomplishment) are culpable. However, exceptions to this general notion are the offences under Section 122 and Section 399 of the Code.
Conclusion
From history to modern era crime had always seen as a sin to the society and their development of society so from very beginning various laws were made to tackle such situation. From harsh to lenient punishment were also changed from time to time in society. But principle of crime never changed i.e. intention, preparation, Attempt and accomplishment. On the basis of which punishment are also made in Indian penal code.
Reference
History of crime
crime latin word
https://en.wikipedia.org/wiki/Crime
Various jurist definition
Case law
https://indiankanoon.org/doc/1220907/
https://indiankanoon.org/doc/1410744/
https://indiankanoon.org/doc/48270423/