This articles has been written by Ms. Khyati Kanoje, a student studying B.A.LL.B (H.) from Narsee Monjee Institute of Management, NMIMS, Indore. The author is a 3rd year law student.
What do you understand by Crime
Crime refers to any act or behavior that violates the laws and regulations of a particular jurisdiction, and that may result in punishment or legal action by authorities. Crimes can range from relatively minor offenses such as traffic violations, to more serious offenses such as theft, assault, or murder. The severity of the crime is typically reflected in the punishment that is imposed, with more serious crimes often carrying more severe penalties such as imprisonment or even the death penalty.
Definitions
“Crime is an act that the law makes punishable. It is the violation of a legal duty.” – Sir James Fitzjames Stephen
“Crime is an act committed or omitted in violation of a law forbidding or commanding it, and for which punishment is imposed upon conviction.” – William Blackstone
“A crime is an act or omission prohibited and punished by law.” – Cesare Beccaria
“Crime is any conduct that violates the legal rights of another person or the state itself, and that is punishable by the state.” – Sanford Kadish
“A crime is an intentional act or omission in violation of criminal law committed without defense or justification and sanctioned by the state as a felony or misdemeanor.” – Wayne R. LaFave
These definitions emphasize the idea that crime involves a violation of the law and the imposition of punishment by the state, and that the severity of the crime is typically reflected in the severity of the punishment imposed.
One of the most eminent jurists in India was Nani Palkhivala. Although he was primarily a constitutional lawyer, he did offer his views on the definition of crime. According to Palkhivala, crime is:
“Any act or omission which is injurious to the public and is punishable by law.”
This definition emphasizes the harm caused to society by criminal acts, and the importance of punishment as a deterrent and means of protecting the public from such harm. It also highlights the fact that criminal acts are not only morally wrong but are also legally wrong, and that the state has a duty to protect its citizens from such acts by imposing legal sanctions on those who commit them.
Classification of Crime:
Human survival, development, and security all hinge on meeting the basic human needs of food, shelter, and clothing. Ownership of property by persons is universally recognised. Thus, property crimes include theft, robbery, fraud, and forgeries. The right to secure one’s belongings is a basic human right. Even among the most barbaric of primitive peoples, these practises of punishing the one who does wrong persist. As a result, property crimes are generally categorised as criminal acts. The success of an individual or a society hinges on the stability of its families. Therefore, any action that endangers the family unit is viewed negatively. This includes parents who fail to properly care for their children, people who have multiple spouses, those who engage in extramarital affairs, and those who ignore the needs of the elderly and the disabled.
Moral Values:
Misconduct that violates a community’s shared morals is a crime. Every social structure is founded on a set of shared values. Family relationships and marriage are controlled by different moral codes in different cultures. Disobeying these regulations is strictly forbidden. Nudeness in public and other forms of open exhibition of affection or sexual interest are unequivocally immoral. Other examples of morally reprehensible behaviour are lying, enticing for adulterous relations, or so on.
Violations of public order laws:
Community safety is crucial for people’s well-being and tranquilly.Nearly everywhere pays close attention to maintaining its local institutions, which means that its residents also pay close attention to maintaining law and order. Doing anything illegal there is a serious offence. When in power, governments of all stripes prioritise maintaining social peace and stability by punishing anyone who disrupt the status quo with harsh penalties for anti-communist activities.
Crimes against Public Health
For example, preventing the irradiation of epidemics, preventing the vaccination of immunising lus, selling tainted food, or selling unapproved medicines are all offences against public health.
Theft of Natural Resources: –
The community’s natural resources are just as important as its own possessions and property. National property includes things like rivers, oceans, woods, minerals, birds, cattle, and other beasts, as well as the human population. Any action taken with the intent to destroy any of the following is a crime against national resources.
Low-status criminals
People with low social standing are more likely to get involved in criminal behaviour. It’s easy to see why. Lack of money, an inviting environment for criminal activity, ignorance, lack of education, lack of cultural enrichment, etc. all contribute to an increase in criminal activity.The economic situation of white-collar workers is better. They are well-mannered, intelligent, and socially acceptable. Individuals in this predicament often engage criminal acts to even the odds. These crooks wear business attire but commit crimes. These upstanding citizens commit wrongdoing in the course of their professional lives.It’s unnecessary, but these people’s growing unnatural desires and greediness drive them to abuse the authority that society has given them and turn them into white collar criminals.Officers, clerks, professors, teachers, judges, doctors, Members of Parliament, Members of the Legislative Assembly, Ministers of the Church, Police Officers, and Lawyers all enjoy a high level of respect and social standing in society. They are responsible for their obligations. They are given power so that they can carry out their responsibilities. However, many persons in such positions abuse their authority for their own ends. This leads to subpar results from the labour they provide. They commit the offence of failing to perform the duties associated with the ownership of the property. In addition, they make previously prohibited activities lawful. Consequently, such people are guilty of two crimes at once. Case in point: destitute borrowers are denied the loans they need.
Someone seeking a loan for personal gain might offer bribes to the loan officer in exchange for approval. These kinds of instances seem to be increasing in frequency in the modern world. People who commit such atrocities tend to have advanced degrees and work in authoritative positions. Since these people are usually knowledgeable about the law, they are trusted to provide accurate information. They’re familiar with the cracks, and they have connections at the highest levels of government.This means that crimes go unreported or unpunished and that those accused of them are prepared to avoid punishment. White-collar criminals get easy money, which they spend on lavish activities like drinking, gambling, buying expensive furniture and gold jewellery, and staying at five-star hotels.These people put their money into untraceable assets in the hopes of increasing their wealth.And the leftover funds are used to bribe their way into higher positions. The primary goal is to enrich oneself financially by corrupt means. Bribery is used to maintain the satisfaction of those with a stake in greater promotion. White-collar workers use bribery and fraudulent practises to legitimately transform unlawful businesses. Furthermore, criminals aid and abet activities like smuggling, corruption, authority abuse, the dissemination of fake licences or certificates, and the dodging of income taxes and other lawful levies. White-collar criminals are able to earn vast fortunes in this fashion, which they use to maintain lavish lifestyles. Such a person lacks a social conscience, and there is no effective law to prevent them from repeatedly abusing the authority they have been granted. These factors may be the driving forces for white-collar crimes.
To conclude, defining crime is a very subjective task. In this article the author has tried to cover the basic meaning of crime along with its definitions. To give a different perspective different classification of crimes has been laid forth.
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