Theoretical overview
Crime is defined as an act punishable by law as forbidden by statute or injurious to the public welfare. It means anything which is a crime.
According to Blackstone, crime is an act committed or omitted in violation of a public law either forbidding it or commanding it.
In the words of Miller, crime is to be the commission or omission of an act which the law forbids or command under pain of a punishable to be imposed by the state by a proceeding.
Generally speaking, in civil, wrong are instituted after the commission of the wrong but in case of crimes action may be taken even prior to the commission of crime that is when there is a reasonable apprehension of commission of a crime.
Three attributes of crime are: –
- It is harm brought about by some anti-social act of a human being which the state desire to prevent
- The preventive measures taken by the state are in the form of threat of sanction or punishment
- The legal proceedings wherein, the guilt or otherwise of the accused is determined are a special kind of proceedings governed by special rules of evidence.
Elements of crime
Main elements necessary to constitute a crime are: –
- A human being under a legal obligation to act in a particular way and a fit subject for the infliction of appropriate punishment.
- An evil intent or the part of such a human being
- An act committed or omitted in furtherance of such an intent
- An injury to another human being or to society at large by such act.
Relevant sections
- Section 44 – it defines injury as any harm cause to any person in body, mind, reputation, or property. But the injury must be caused illegally.
Important legal maxim and terms
- Actus non facit reum nisi mens sit rea – It is a well-known maxim in criminal law which means that the act itself, does not make a man guilty unless his intention were so.
- Actus me invito factus no est mens actus – It means an act done by me against my will is not my act at all.
- Mens rea – guilty mind
- Actus reas – illegal omission
Important differences
Civil and criminal wrong
| Civil wrong | Criminal wrong |
| The remedy for civil wrong is to be indemnified | The remedy in criminal wrong is the punishment |
| It is a private wrong | It is a public wrong |
| It contains less severe treatment for the wrong doer | It contains more severe treatment with the offenders |
Points to remember
- Crime is defined as an act punishable by law as forbidden by statute or injurious to the public welfare. It means anything which is a crime
- In the words of miller, crime is to be the commission or omission of an act which the law forbids or command under pain of a punishable to be imposed by the state by a proceeding.
- In civil, wrong are instituted after the commission of the wrong but in case of crimes action may be taken even prior to the commission of crime that is when there is a reasonable apprehension of commission of a crime.
