ESSENTIALS OF CRIME

INTRODUCTION :

Generally speaking, in general, the law is a preservative instinct of the individual and of the race. The primary function of criminal law is the preservation of life and protection of society. A crime may be said to be an act which any given society considers to be sufficiently injurious to justify imposing punishment on the wrongdoer and prescribing a special procedure for dealing with it. There are some essential elements to constitute a crime.  

MEANING OF CRIME:

i) OXFORD DICTIONARY OF LAW:

An Act that is deemed by statute or by the common law to be a public wrong and is therefore punishable by the state in criminal proceedings.

DEFINITION OF CRIME:

Following are the different definitions of crime.

i) According to Blackstone

"An act committed or omitted in violation of public law forbidding or commanding it."

ii) ACCORDING TO JAMES STEPHEN:

"Crime is such an act which is prohibited or forbidden both by law and moral values of society"

HISTORICAL BACHGROUND 

Crime is inevitable in human society. It is an integral part of any human society. It is as old as human society itself.

CHARACTERISTICS OF CRIME

Following are different characteristics of crime.

i) It is a harm brought about by human conduct which the sovereign power in the state desires to prevent.

ii)It is against the public order and moral. 

iii) It is an act, which is against penal laws enacted by statute.

iv) It is the threat of punishment that is selected among the measure of prevention.

v) Proceedings of special kind are employed to decide whether the person accused did in fact cause the harm.

ESSENTIAL ELEMENTS OF CRIME.

Following are the essential elements of a crime.

i) Human being

ii) Mens Rea

iii) Actus Reus

iv) Injury

i) HUMAN BEING:

The first essential element of crime requires that the act must be committed by a human being. In ancient times, punishments were inflicted on animals also for injury done by them,but now this practice is abandoned so to constitute a crime, there must be a human being who

i) Must be under a legal obligation to act in a particular manner and,

ii)Should be a fit subject for award of appropriate punishment.

(contd)