Define crime? What is the essential elements of crime?

Define crime? What is the essential elements of crime?
Answer-

What is crime?

   Crime is an illegal act punishable by law. There is no Universal definition of crime could have been given till date.
        Sutherland said that - 'crime is such conduct of human being which violates criminal law.'
       Blackstone said that -'crime is an act committed or omitted in violation of public law either forbidding or commanding it.'
      Hellsbury said that -' crime is a such an act against Public Interest which if committed, by anyone is punishable by law.'
     In the opinion of Austin -' crime are those illegal acts which if proved, the court punishes the criminal and right to reduce such punishment is only  reserved by the state.'
    In the words of Ronald R. Taft -'crime is such an act which is prohibited under penal law and is punishable when it is committed.'

Essential elements of crime-

       Any act is not crime by itself and every act cannot be treated as crime. There are some elements which make any act is crime.
         The following are the essential elements of crime-
1. Act or omission (Actus Reus)
2. Mens Rea or guilty mind
3. Competency or capacity
4. Prohibited act
5. Punishment

1.Act or omission (Actus Reus)-

Actus reus an essential element of crime. Actus Reus means any act. Nothing is crime without doing any illegal act.
If any person does not perform his duty then his such act or omission will be treated as crime punishable by law.
Illustration- to let the house for the purpose of prostitutions is prohibited by law . 'X' let's his house to  'Y'- a prostitute for the purpose of prostitution . This act of A is crime.

2.Mens rea (guilty mind)-

Mens Rea means guilty mind . Any  illegal act done with mens rea constitute crime. "Without any intention or mens rea , no act can make a man criminal"( actus non facit reum nisi mens sit rea). Any person cannot be treated guilty of any crime till his intention is malati de.

3.competency or capacity-

For a crime ,the criminal must be competent to commit crime. Such competency must be physical, mental and legal.
a. Physical competency- not to be below the age of 7 year
b. Mental competency- should not be insane, mentally disable
c.Legal competency- illegal act should not under error of fact.

4.Prohibited act-

An illegal act which constitute crime is should be prohibited by law.

5.Punishment-

Lastly, the crime should be punishable I.e. there should be penal provision in the law for punishment of crime. If any crime is not considered as punishable that it becomes meaningless from criminal point of view.

Classification of crime-

Some criminologist classify crimes  into following categories-
1. Legal- theft,robbery ,facility,rape....
2. Political-motivated politically.
3.Economic- white callar crime such as, prostitution,gambling,smuggling.
4.social-commited under social legislation.
5.miscellaneous-all other.
As far as the classification of crimes is concerned, different criminologists have classified them into different groups, e.g.
Sutherland has classified offences into three groups-
(a) offences against human body;
(b) offences against property;
(c) offences against public courtesy, public order and public justice.
Hedge has stated the following classes of crimes
(i) offences against individual;
(ii) offences against property; and
(ii) offences against public order.
W.A. Bonger has put offences under the following classes:
(a) economic offences
(b) sexual offences;
(c) political offences; and
(d) miscellaneous offences.
Lamert has stated the following classes of crimes:
(i) circumstantial offence;
(ii) planned offence; and
(ii) offence of breach of trust.
There were two types of offences under English law in the beginning-
(a) offences under common law; and
(b) offences under statutory law (Constitutional Law)
Later on, this classification has turned into the following offences
(G) Agitation
(ii) Serious Offences, and
(ii) Normal or sub-offences

Classification of Offences in India-

There are many criminal Acts in India, therefore, offences are of various types. The classification of normal offences has been made in Indian Penal Code; while for specific offences, special or specific acts have been enacted e.g. Food Adulteration Act, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Arms Act and Cyber offences under Information Technology Act.
Then the offences are of two types:
(a) Offences of normal nature; and
(b) Offences of serious nature.
The offences of normal nature are those
(1) in which the police cannot arrest without warrant.If they are non-cognisable offences;
(2) in which the maximum punishment can be imposed upto imprisonment of two years. They are known as summon cases.
(ii) in which it is the right of convict to get released on bail; they are cailed bailable offences.
The following offences have been treated as offences of serious nature:
(a) in which the police can arrest without warrant; these offences are cognisable offences
(b) in which death punishment, life imprisonment, or imprisoment can be given for more than two years; they are known as warrant cases.
(c) in which no claim can be made to be released on bail as a matter of right, they are known as non-bailable offences.

Classification of Offences Under Indian Penal Code-

Under Indian Penal Code 1860, the offences have been classified under the following groups:
1. Criminal conspiracy (chapter 5A).
2. Offences against the State (chapter 6).
3. Offences related to Army, Navy and Airforce (chapter 7).
4. Offences against public peace (chapter 8).
s. Offences by public servants or related with them (chapter 9).
6. Offences against election (chapter 9A).
7. Offences related to disobedience of lawful order of public servants (chapter 10).
8. False evidence and offences against public justice (chapter 11).
9. Offences related to coins and government stamps (chapter 12).
10. Offences related to weights and measures (chapter 13).
11.Offences affecting public health, peace, facilities, courtesy and good conduct (chapter 14).
12. Offences related to religion (chapter15).
13. Offences affecting human body (chapter16).
14. Offences against property (chapter 17).
15. Offences related to documents and identification of property (chapter 18).
16. Offences related to criminal breach of service contracts (chapter 19).
17. Offences related to marriage (chapter20).
18. Offences relating to cruelty by husband or his relatives (chapter 20A).
19. Offences related to defamation (chapter21).
20. Offences relating to criminal torture, insult and humiliation (chapter 22).
21. Attempt to commit offence (chapter 23).