essentials of crime

1. CRIME

2. CRIME
• The word ‘crime’ is of origin ‘Crimean’ which means ‘charge’ or ‘offence’
• Crime is defined as “an act punishable by law as forbidden by statute or
injurious to the public welfare.
• The Oxford English Dictionary defines crime as ‘An action or omission
which constitutes an offence and is punishable by law’.
• Blackstone in his “commentaries on The Laws of England” has defined
crime as “an act committed or omitted in violation of a Public law either
forbidding or commanding it.”
• According to Bentham, “offences are whatever the legislature has
prohibited for good or for bad reasons.

3. CRIME - MEANING
• 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
• James Anthony Froude (1818-94) wrote, “Crime is not punished as
offence against God, but as prejudicial to society”.
• Mr. Justin Millar contends that the crime is the commission or
omission of act which the law forbids or commands under pain of
punishment to be imposed by the State.

4. CRIME
• Halsbury's Laws of England - 'A crime is an unlawful act or
default which is an offence against the public and renders the
person guilty of the act liable to legal punishment.
• Russell - crime is the result of human conduct which the penal policy
of the state seeks to prevent.

5. • In T.K. Goptal Vs. State of Karnataka, AIR2000 SC1669 (1673,1674).
The Apex Court Held: Crime can be defined as an act that subjects the
doer to legal punishment. It may also be defined as the commission
of an act specifically forbidden by law; it may be an offence against
morality or social order.
• Harpreet Kaur V St. of Maharashtra (1992)2 SCC 177
Crime is a revolt against whole society and an attack on the civilization
on the day. Order is the basic need of any organised civilized society
and any attempt to disturb that order affects the society and
community.

6. OFFENCE
Sec- 40 of IPC “Offence”.—Except in the Chapters and sections mentioned in
clauses 2 and 3 of this section, the word “offence” denotes a thing made
punishable by this Code.
In Chapter IV, Chapter VA and in the following sections, namely, sections 64,
65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117,118, 119 and 120, 187, 194,
195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331,
347, 348, 388, 389 and 445, the word “offence” denotes a thing punishable
under this Code, or under any special or local law as hereinafter defined.
Sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has
the same meaning when the thing punishable under the special or local law
is punishable under such law with imprisonment for a term of six months or
upwards, whether with or without fine.

7. Purpose of Criminal Law
• Attempt to control Human Behaviour
• Punishment for violaters

8. ELEMENTS OF CRIME
• HUMAN BEING
• EVIL INTENT
• THE ACT OR OMISSION
• INJURY

9. Stages Of A Crime
• Intention
• Preparation
• Attempt
• Accomplishment