This article has been written by Bidisha Banerjee, a 2nd Year B.A LL.B student of Jogesh Chandra Chaudhuri Law College, University of Calcutta.
INTRODUCTION
One of the important branches of law that a man is concerned about in his daily life is criminal law. Owing to the evolving times, the definition of crime has gone through various changes and as a result the law of crimes has still not reached a satisfactory state.
Crime may be defined as the commission of acts which are prohibited by penal law and criminals as persons who commit such acts. A vast literature dealing with the volume of crimes, motivation, prevention and suppression of crimes and methodology for apprehension, adjudication and reformation of criminals has come into existence. In India, crimes are usually mentioned in the Indian Penal Code of 1860. It is a comprehensive piece of legislation with 23 chapters, that comprise 511 sections, at present.
In common parlance, a perpetrator, also known as a criminal, is someone who has committed some criminal or illegal activity. This article briefly enumerates what kind of acts, if committed, will make someone a perpetrator, as under the Indian Penal Code. Before that, let us explore what constitutes crime.
ELEMENTS OF CRIME
There are four elements of crime:
- Person(referred to as a perpetrator)
As defined in Section 11 of the Indian Penal Code, A person can either be a natural human being or an artificial being, like any company, Association or body of person whether incorporated or not. A child is also indicated by the term ‘person’. But it must be kept in mind that a company cannot always be treated like a human being. A company cannot be prosecuted for an offence which can be committed only by a human being, say for example the offence of rape or an offence punishable by imprisonment, as held in Ananth BAndhu v. Corporation of Calcutta, AIR 1952. Also the liability of the persons in charge of the company arises only when the company itself contravenes, as held by the Apex Court in State of MAdras v. Parekh, AIR 1971. - Evil intent or guilty mind on the part of a human being, ie, mens rea
Derived from the well-known maxim of actus non facit res, nisi mens sit rea(the act itself does not make a man guilty, unless his intentions were so), there must be an evil intent in doing an act. In the Indian Penal Code, Section 39, which defines the word ‘voluntarily’, is one of the ways by which the concept of mens rea has been incorporated, so as to make a person criminally liable for an act he has done. A person is said to cause something voluntarily, when- He causes it intentionally, or
- He knew or has reason to believe, to be likely to cause it, or,
- He is presumed to know the nature and consequences of his act and is liable for the same.
But in many cases, like for offences against the state, mens rea will not be applicable. It will be presumed from the beginning that the perpetrator was aware of the consequences of his actions.
- Any act committed or omitted in accordance with the evil intent and is forbidden by law, ie, actus reus
Also derived from the well-known maxim of actus non facit res, nisi mens sit rea(the act itself does not make a man guilty, unless his intentions were so), there must be a commission of an illegal activity or omission of a duty someone is legally bound to do. This is incorporated in the Section 33 of the Indian Penal Code and includes a series of acts or omissions, as the case may be.
There are four stages of commission of crime:- Intention to commit a crime,
- Preparation to commit a crime,
- Attempt to commit a crime,
- The actual commission of the offence.
Intention to commit crime is not punishable as it is impossible to read the mind of a person. Preparation is generally not punishable, save for certain offences, like collecting arms, etc to wage war(S. 122, IPC); preparing to commit dacoity(S. 399, IPC); etc. Attempt is punishable under the Penal Code either by individual sections or under Section 511 of IPC. And, commission itself is punishable under various Sections mentioned in the Penal Code.
- Injury
As defined under Section 44 of the Indian Penal Code, injury not only includes bodily harm but also harm to one’s mind, reputation and property. If the injury is not illegal, then it will not be considered an injury under the Section.
OFFENCES MENTIONED IN THE INDIAN PENAL CODE
Chapter V: Abetment: Chapter V of the Penal Code in sections 107 to 120, IPC deals with the abetment of offences.
Chapter VA: Criminal Conspiracy. Chapter VA of the Penal Code contains two sections 120A and 120B, IPC dealing with criminal conspiracy. This Chapter was inserted in the Penal Code vide Indian Criminal Law Amendment Act (VII of 1913), section 3.
Chapter VI: Offences against the State: The first description of the specific offences deal, with by the Code are offences against the state in Chapter VI commencing from Section, 121 to 130, IPC. The waging of, or the attempting to wage war against the state, of the abatement of the waging of such war, is punishable with death or imprisonment for life, and the offender is also liable to a fine.
Chapter VII: Offences Relating to the Army, Navy and Air Force: Chapter VII of the Cod, in sections 131 to 140, IPC deals with offences relating to Army, Navy and Air Force, It jg an offence under the Code to abet the committing of mutiny by a member of the Army, Navy or Air Force, or to attempt to seduce any such person from his allegiance or his duty. It is an offence to abet an assault by a soldier, sailor or airman on his superior officer, or to abet the desertion of any member of the Army, Navy or Air Force; or to harbour a deserter; or to abet an act of insubordination by a soldier, sailor or airman. The wearing of the garb, or the carrying of any token resembling any garb or token, used by a soldier, sailor or airman, with the intention of passing as a soldier, sailor or airman, is also punishable
Chapter VIII: Offences against Public Tranquillity: Chapter VIII of the Code in twenty two sections commencing from sections 141 to 160 and 153A and 151B is devoted to offences against public peace and tranquillity. Most of these offences are connected with riots or unlawful assemblies of various kinds. A large proportion of the offences against this part of the Code have been charged under section 149, IPC, which makes every member of an unlawful assembly guilty of any offence, which was committed in prosecution of the common object of the unlawful assembly.
Chapter IX: Offences by or Relating to Public Servants: In Chapter IX of the Code detailed offences were created in the area of the general crime of bribery and corruption as far as public servants are concerned in sections 161 to 171, IPC. But in view of inadequacy of the law to deal with a large scale of corruption among the public servants effectively, a separate Act known as Prevention of Corruption Act, 1988 was enacted by the Parliament deleting sections 161 to 165A from the IPC and incorporating these provisions under sections 7 to 16 of the Prevention of Corruption Act, 1988 to make the provisions more effective.
Chapter IXA: Offences Relating to Elections: In Chapter [IXA® of the IPC comprising nine sections (sections 171A to 171I) were added in the Penal Code vide Indian Election Offences and Enquiries Act, 1920 in order to ensure free and fair elections. After independence of the country the Representation of the Peoples Act, 1951 has also been enacted to safeguard the interests of the candidates seeking election to the Parliament and Legislatures.
Chapter X: Contempt of Lawful Authority of Public Servant: Chapter X of the Code in sections 172 to 190, IPC is designed to penalise disobedience of public servants exercising lawful authority. Conversely, the Code specifies a large number of offences under the general heading of contempt of the lawful authority of public servants. For instance, it is an offence to fail to attend in obedience to an order from a public servant, or to furnish false information, or to obstruct a public servant in the discharge of public functions, or to threaten to injure a public servant. It is also an offence to personate a public servant; or with fraudulent intent to wear the garb, or carry a token, used by a public servant.
Chapter XI: False Evidence and Offences against Public Justice: Forty Four sections of the Code commencing from sections 191 to 229, IPC in Chapter XI are devoted to offences against public justice. The various forms of perjury are specified with precision. And acts tending to pervert the course of justice are also set out in detail. Harbouring an offender, and offering or taking a gift to screen an offender from punishment, are made specific crimes.
Chapter XII: Offences Relating to Coins and Government Stamps: These offences may be grouped into offences relating to (i) coins (sections 230 to 254), and stamps (sections 255 to 263). The various acts and omissions falling under the general description of counterfeiting are made separate crimes in 35 sections commencing from sections 230 to 263A of the Code in Chapter XII. Detailed provisions relating to counterfeiting, debasing or altering of coins and trafficking in counterfeit or spurious coins and government stamps have been provided.
Chapter XIII: Offences Relating to Weights and Measures: There are four offences relating to weights and measures in Chapter XII of the Code under sections 264 to 267, IPC. Deceiving a person to believe that a particular weight and measure is genuine, when it is not so. Mere possession of a false weight and measures would suffice to invoke the Provisions of the Chapter.
Chapter XIV: Offences Affecting Public Health, Safety, Convenience and Morals, etc.: Chapter XVI of the Code consisting of 28 sections — 268 to 294A, IPC is a comprehensive document ©n public nuisance. It relates to the offences affecting public health, safety, convenience, decency and morals. Various public nuisances are categorically made offences against the Code as well as a number or forms of negligence. Section 290 renders a person committing a public nuisance, not otherwise punishable, liable to a fine extending to Rs 200. There are also a number of offences relating to adulteration of food, drink or drugs intended for sale, fouling water, making atmosphere noxious to health; and other offences relating to public morals, decency and various kinds of obscenity including public gambling.
Chapter XV: Offences Relating to Religion: Chapter XV in five sections 295, 295A to 298, IPC prescribes five offences relating to religion. The offences have been enacted in order to preserve and protect the religious freedom of every man following his or her religious faith without any interference or injuring the religious feelings of any other community.
Chapter XVI: Offences Affecting the Human Body: Chapter XVI of the Code which is the largest Chapter consists of 78 sections (sections 299 to 377, IPC). It contains the offences affecting the human body.
Chapter XVII: Offences Against Property: Chapter XVII of the Code numbering a total of 85 sections commencing from sections 378 to 462, IPC prescribes different types of property offences according to its nature and gravity. It is the second largest chapter in the Code. These provisions have been enacted to preserve, protect and conserve one’s right to property. Property offences under this chapter have been classified into ten categories according to the nature, gravity and magnitude of such crimes.
Chapter XVIII: Offences relating to Documents and Trade or Property Marks: In Chapter XVIII commencing from sections 463 to 492 In 33 sections the various forms of forgery (Sections 463 to 477A, IPC) offences relating to fraudulent use of property marks (Sections 477 to 489, IPC) and counterfeiting currency notes and banknotes (sections 489A to 489E, IPC) have been discussed.
Chapter XIX: Chapter XIX of the Code deals with offences relating to criminal breach of contracts of service in section 491, This Chapter needs to be deleted as it has no principal Utility and has lost its significance.
Chapter XX: Offence relating to Marriage: The Indian Penal Code in Chapter XX (section, 493 to 498) provides punishment for offences relating to marriage.
Chapter XXA: Of Cruelty by Husband or Relatives of Husband: In 1983, a new Chapter XXA entitled “Of Cruelty by Husband or Relatives of Husband” consisting of one section 498A was added in the Penal Code vide Criminal Law (Second Amendment) Act, 1983.
Chapter XXI: Defamation: A person needs to protect his reputation, honour, integrity and character as much as he needs the right to enjoyment of property, health, personal liberty and a number of other privileges. These are some of the assets valued by individuals and are protected in every civilised society. The Code has dealt with these matters in Chapter XXI in sections 499 to 502 of the IPC.
Chapter XXII: Criminal Intimidation, Insult and Annoyance: Chapter XXII in sections 503 to 510, IPC deals with criminal intimidation, insult and annoyance.
Chapter XXIII: Attempt to Commit Offences: Chapter XXIII is the last chapter of the Code consisting of only one section 511, IPC. It provides a general rule for punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment that are not made punishable by other specific sections. This section prescribes one half of the punishment of the offence attempted by the accused.
REFERENCES
https://www.writinglaw.com/crime-ipc-definition/
https://blog.ipleaders.in/constituent-elements-of-a-crime/
Criminal Major Act by Justice Khastgir
Textbook on Indian Penal Code by KD Gaur