Skip to main content

Elements of Crime

Crime

Any Act or Omission of an Act which is prohibited or punishable under the law of the land is considered to be a crime

Elements of Crime

1.       Human Being – A person in under obligation to act under a certain way.

2.       Mens Rea or Guilty Intention – A person having guilty mind and act furtherance for it.

3.       Actus Reus or Illegal act or omission – It represents the act of the person.

4.       Injury – Any harm or injury is to be caused to another person or the society at Large.

Illustrations

Illustration 1

A cow rams into a B who is riding a motorcycle and consequently B dies. Since, Cow is not a human being, therefore first element of crime is absent.

This indicates that the act of “A cow ramming into B and killing it while he is riding a motorcycle” is not a crime.

Illustration 2

A is attacked by B and during self defense A kills B. As there is first element of crime i.e. A who killed B. Since, B due to act of self defense of A, then second element of crime is missing as A didn’t had any intention to kill B.

Therefore, the Act of “A killing B in self-defense as B attacked A” is not a crime

Illustration 3

A and B have an oral fight over the position of College President and A warns B that if B contested for the position, A would kill B even then B contested for the position of College Election and A doesn’t kill B. Since A is a human therefore, first element of crime is present. A had guilty intention to kill B as he had contested for the position despite the warning. Since A didn’t murder B the third of element of crime i.e. Actus Reus is not present.

Therefore, the act “A and B have an oral fight over the position of College President and A warns B that if B contested for the position, A would kill B even then B contested for the position of College Election and A doesn’t kill B” is not a crime. 

Illustration 4

A kills B for personal vengeance. A is a human being so first element of crime is present. A had a guilty intention as he had personal vengeance so there is second element of crime. A kills B which is an act prohibited by law, so the third element of crime is also present. B dies is the act, so there is injury to B’s family as they have lost B, therefore fourth element of crime is also present.

Therefore, the Act of “A killing B for personal vengeance” is a crime.

Note:

There is a possibility that if only the fourth element of crime i.e. injury is absent. Then also the act can be considered a crime

Illustration

A plans to kill B but B survives the attack of A. Then also the act of “A plans kill B but B survives the attack of A” is a crime because under Indian Penal Code, the attempt of crime is a crime in itself.
 

 

 

 

 

 

 Major Case Laws

Sherras v. De Rutzen (1895)

Lord Write in this case held “There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness of the act is an essential ingredient in every offence. But that presumption is liable to be displaced either by the words of the statute creating the offence or by the subject matter with which it deals, and both must be considered.”

Exception (3 cases):

  1. Public nuisance
  2. Cases criminal in form but which are really a summary mode of enforcing a civil right
  3. Cases not criminal in real sense but which in the public interests are prohibited under a penalty.

Brend v. Wood

It was held “It is of the utmost importance for the protection of the liberty of the subject that a court should always bear in mind that, unless a statute, either clearly or by necessary implication, rules out mens rea as a constituent part of a crime, the court should not find a man guilty of an offence against the criminal law unless he has a guilty mind.”

R.Balakrishna Pillai vs State Of Kerala

It was observed that “Criminal guilt would attach to a man for violations of criminal law. However, the rule is not absolute and is subject to limitations indicated in the Latin maxim, actus non facit reum, nisi mens sit rea. It signifies that there can be no crime without a guilty mind. To make a person criminally accountable, it must be proved that an act, which is forbidden by law, has been caused by his conduct, and that the conduct was accompanied by a legally blameworthy attitude of mind. Thus, there are two components of every crime, a physical element and a mental element, usually called actus reus and mens rea respectively.”

Ranjit D. Udeshi v. State of Maharashtra

The Supreme Court had held that “We do not accept the argument that the prosecution must prove that the person who sells or keeps for sale any obscene object knows that it is obscene before he can be adjudged guilty.”

Thus, the mens rea is not considered as important as the act committed. If the person is found having obscene material in his possession then he will be liable under sec 292 of IPC. His intention or knowledge about the obscene material need not be proved.

 

Labels:

Comments

Post a Comment

Popular posts from this blog

Stages of Crime

Stages of Crime Intention to commit the Crime  Preparation to commit the Crime Attempt to commit the Crime Accomplishment Intention to Commit the Crime It is the first stage to commit crime because without an intention no one can commit a crime. No person can be convicted for having an intention to do crime. It is not a crime the intention of the person could be changed due to various factors. Illustration If A has an intention a place to meet his daily needs due to unemployment. Then, the next day A gets a job offer which helps him to meet his daily need so, the intention of robbing a place vanishes from the mind of A. So, A could not be convicted. Preparation to Commit the Crime It is the second stage of committing the crime. In this stage when person has an intent to commit a crime and starts preparing for it. While most of crime in preparation stage are not considered a crime. Illustration If A purchases a pistol and keeps it loaded in his pocket so that h...
Post a Comment
Read more

Section 1 to 5 of Indian Penal Code

  Indian Penal Code Section – 1 Title and Extent of Operation of the Code This Act shall be called be Indian Penal Code and extend to the whole of India. MEANING - This means that Indian Penal Code is applicable all over India even on Jammu and Kashmir and Ladakh since Jammu and Kashmir has lost its special status.     Section – 2 Punishment of offenses committed within India Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provision thereof, of which he shall be guilty within India. MEANING – This means that every person who has done any offence in India is liable for it and would be punished for it according to the code. No person can be discriminated on the basis on race, caste, gender, or nationality.   Section – 3 Punishment of offenses committed beyond, but which by law may be tried within, India Any person liable, by any, to be tried for an offence committed beyond [Indi...
Post a Comment
Read more

Features of Federal Constitution

Unitary form of Government is a form of government where central government have all the power and authority. Even the country is divided in states and provinces, the division is for administration work. These sub-division completely work under the supervision and control of the Central Government i.e. only Central Government is responsible for the new laws and only Central Government holds the power to change the law. United Kingdom is the good example on Unitary form of Government Federal form of Government is a form of government where two forms of Government exist i.e. Central Government and State Government. The principle of government allocates power and authority between the national and local government in such a way that each government is delegated a sphere of power and authority, that only that government can exercise, but there are some areas of power and authority which is to be shared between the two forms of Government.US is best example of the federal form of Gov...
Post a Comment
Read more