Skip to main content

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.

Labels:
Location: 6t, Nizamuddin, Sarai Kale Khan, New Delhi, Delhi 110013, India

Comments

Post a Comment

Popular posts from this blog

Theories of Punishment

Theories of Punishment Punishment in law serves multiple purposes, and the rationale behind these punishments can be understood through different theories of punishment. These theories form the foundation for justifying punishment and help in shaping law s and sentencing policies. Here’s a detailed explanation of each theory with examples: 1. Deterrent Theory The deterrent theory focuses on preventing crime by imposing severe punishments to create fear among people. The idea is that potential offenders will refrain from committing crimes if they fear punishment. Example : The death penalty or long-term imprisonment for serious offenses like murder or terrorism acts as a deterrent for those considering committing such crimes. 2. Retributive Theory This theory is based on the principle of "an eye for an eye" or giving the offender what they deserve. It focuses on vengeance or moral satisfaction, ensuring the punishment is proportionate to the crime committed. The goal is not to...
Post a Comment
Read more

Companies act ,2013

Companies Act, 2013 Meaning and Nature of a Company with Emphasis on its Advantages 1. Meaning of a Company : A company is a legal entity formed by a group of individuals to engage in and operate a business commercial or industrial enterprise. It is governed by the provisions of the Companies Act, 2013 in India. According to Section 2(20) of the Companies Act, 2013, "Company means a company incorporated under this Act or under any previous company law." Lord Justice Lindley : "A company is an association of many persons who contribute money or money's worth to a common stock and employ it for a common purpose. The common stock so contributed is denoted in money and is the capital of the company." A company is an artificial person created by law. It has a separate legal identity distinct from its members. It can enter into contracts, own property, sue, and be sued in its own name. 2. Nature of a Company : The nature of a company can be understood through its key ...
Post a Comment
Read more

JURISPRUDENCE

  JURISPRUDENCE   Jurisprudence is derived from Latin word ‘juris-prudentia’- knowledge of law or skill in law. Study of jurisprudence first started by Romans. Jeremy Bentham(1748-1832) is known as father of  modern jurisprudence. Jurisprudence is basically the theoretical aspect of the word law. In jurisprudence, we do not deal with the practically applicable pieces of statutory law; rather we try to understand the very essence of law and its various dimensions. Like in the other subjects, for example, geography, we have geographical thought as a subject of study, similarly, in law we have got "legal thought" which is called "jurisprudence". The basic questions that we try to answer in jurisprudence are - What is law?, Why should it exist?. What should be the nature and purpose of the law?, What are rights and duties and what should be their nature?, What is ownership and possession and why does law have to protect them?, etc. Jurisprudence refers to a certain type...
Post a Comment
Read more