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ELEMENTS OF CRIME
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ELEMENTS OF
CRIME
WHY
WHEn
GOWRI SHANGAR PSS
WHAT
Crime is an act or omission of an act which causes harm to the society as a whole and causes disturbance and panic in the society. Such an act is punishable by the criminal laws. Criminal law came exists due to the presence of crime in a country. It provides provisions and rules regarding the criminal activities that take place. Criminal law prescribes definitions of crimes and the punishments relating to it. Generally most legal systems impose criminal liability only when a person performs a prohibited act or incur a forbidden injury with a guilty state of mind. For an act to be declared as criminal there are certain steps that are examined whether they are present or not. The facts that must be ascertained in order to prove criminal Liability are called The Elements of Crime.
IQ
WHAT IS THE ELEMENTS OF CRIME?
PRINCIPLE OF CRIMINAL LAW
Actus non facit reum, nisi mens sit rea
The fundamental principle of penal liability is actus non facit reum, nisi mens sit rea, i.e., the act itself is not criminal unless accompanied by a guilty mind.
MENS REA + ACTUS REA = CRIME
IDEAS
ELEMENTS
Human being: Section 11
Human being must commit wrongful Act to fulfill first element of a crime that means any non living thing or animals are not considered in the category of a person or a human being whereas in ancient times when criminal law was closely dominated by the idea of ritter bit theory punishment was also inflicted on animals for the injury caused by them.
Mens Rea: Mens Rea is the most important element to prove a crime has taken place. It means it was the intention of the wrongdoer to purposely/knowing/willing and with proper planning to cause harm to a person, animal or property.
Actus reus: It is the guilty Act that follows the guilty intention. An act will only be called a crime if both the elements are present. The guilty intention of person leads them to act in accordance to it and hence it turns into crime.
Injury: for a particular crime to take place it necessary for the injury to occur. After having guilty mind and doing the guilty act if the injury does not occur then that crime is not considered as committed. Injury under Section 44
There are basically three factors of proving criminal liability:
FACTORS
1. Origin in some mental or bodily activity,
2. Its circumstances, and
3. Its consequences.
measure of criminal liability
As far as measure of criminal liability is concerned, three factors are taken into account in determining the appropriate measure of punishment-
Motive behind the crime,
Magnitude of offence, and
Character of offender
CASE lAW
The mens rea means some blame worthy mental condition, whether constituted by knowledge or intention or otherwise. - State of Gujrat and another v. Acharya D. Pandey and others, 1971 AIR 866.
In civil law it is not always necessary to prove the mental element. It was held by the SC that Mens Rea is not an essential ingredient for contravention of the provision of a civil act. - Chairman, SEBI v. Shiriram Mutual Fund, 2003 46 SCL 571 SAT.