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Essential elements of crime :



Essential elements of crime :

The essential elements of crime in the Indian Penal Code (IPC) are as follows:

1- Human Being

2- Mens rea

3- Actus rea

4- Injury

* Prohibited act

* Punishment 

1- Human being : The first element of crime is that it must be committed by a human being, as animals or non-living things cannot be held criminally liable. Section 11 of the IPC defines the word 'person' to include any company, association or body of persons, whether incorporated or not.

2- Mens rea : The second element of crime is the guilty mind or intention of the offender. Mens rea is derived from the maxim "actus non facit reum nisi mens sit rea", which means "an act does not make a person guilty unless the mind is also guilty". Mens rea can be of different degrees, such as intention, knowledge, reason to believe, recklessness or negligence. Mens rea is not always explicitly mentioned in the IPC, but it can be inferred from the words used in the definition of the offence, such as 'dishonestly', 'fraudulently', 'voluntarily', 'knowingly', etc. Mens rea is an essential ingredient of crime, and its absence can exonerate the accused from criminal liability.

3- Actus reus: The third element of crime is the act or omission that constitutes the offence. Actus reus means the physical or external part of the crime, which must be voluntary and causally connected to the harm or injury caused. Actus reus can be a positive act, such as killing, stealing, assaulting, etc., or a negative act, such as failing to perform a duty, report a crime, pay taxes, etc. Actus reus must be done in furtherance of the mens rea, and both must concur in time and space.

4- Injury : The fourth element of crime is the injury or harm caused to another person, property or society by the actus reus. Injury can be physical, mental, economic or social, depending on the nature and gravity of the offence. Injury can also be actual or potential, depending on whether the harm has occurred or is likely to occur. Injury is the basis of criminal liability, as it violates the rights and interests of others and disturbs the peace and order of the society.

* Prohibited act : The other element of crime is that the actus reus must be prohibited by law. Prohibited act means an act that is defined and made punishable by the IPC or any other law. Prohibited act is also known as legal element or illegality of the act. Prohibited act is necessary to distinguish between a crime and a civil wrong, as not every wrongful act is a crime. Prohibited act also gives notice to the people about what acts are forbidden and what are the consequences of violating them.

* Punishment : The next element of crime is the punishment prescribed by law for the offence. Punishment is the legal sanction or consequence of committing a crime. Punishment can be of different types, such as death, imprisonment, fine, forfeiture, etc. Punishment serves various purposes, such as deterrence, retribution, prevention, reformation, etc. Punishment is imposed by the court after following the due process of law and proving the guilt of the accused beyond reasonable doubt.

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