Crime: Elements and Stages of a Crime.

हिन्दी में पढ़ें:

Crime is a broad term in the legal field that includes various illegal activities or acts such as assault, violence, murder, theft, extortion, robbery, dacoity, terrorism and sexual assault/harassment etc., which violate the laws established within a particular jurisdiction, and the violation of that law is punishable according to the prescribed law. In India, the Bharatiya Nyaya Sanhita (BNS), 2023, punishes criminal acts.

What is the crime?

The term crime is not defined under any law, especially in India. For general understanding of crime:-

Crime means any act or omission that violates the law or is prohibited by law, and it is punishable by the state or the appropriate authority. In simple words, any act that is harmful to public welfare is a crime. An act is called a crime only if it contains all the essential elements of a crime, such as a human being, mens rea (guilty mind), actus reus (guilty act), injury, etc.

If we describe in simple words, when a person uses a guilty mind and does a guilty act with the intention of hurting someone, and when he completes that act, it is called a crime.

A crime is committed in four stages, or there are four stages of a crime such as intention, preparation, attempt, and accomplishment. This classification or division, or stages, helps in understanding the crime and level of crime, how heinous a crime someone has committed, and also helps in understanding the reason behind the crime.

According to the Oxford English Dictionary, “Any act punishable by law or prohibited by law, or harmful to public welfare, is called a crime.”

Definition of Crime According to Jurists:

• According to Stephen – “crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of the society.”
• According to Austin – “a wrong which is pursued at the discretion of the injured party and his representatives is a civil injury; a wrong which is pursued by the sovereign, or his subordinates is a crime.”
• According to Kenny – “crimes are wrongs whose sanction (punishment) is punitive and is in no way remissible by any private person; but is remissible (pardon) by the crown alone, if remissible at law.”
• According to Bentham – “offences are whatever the legislature has prohibited for good or for bad reasons.”

Elements of the Crime

The elements of the crime are as follows:

1. Human Being:

Human is the first and most important element in the formation (constitute) of crime. Crime cannot take place without human. According to criminal law, only human can commit crime and only human can be punished.

2. Mens Rea:

“Mens Rea” is a Latin term meaning guilty mind, which is used in criminal law to refer to the mental state or intention of a person while committing a crime. It is an important concept in criminal law as it helps to determine the level of culpability or guilt of the accused.

Intention, knowledge, negligence, and carelessness are some of the common categories of mens rea.

3. Actus Reus:

“Actus Reus” is a Latin term meaning guilty act, which is used in criminal law to refer to the physical act or conduct that constitutes a crime. Actus Reus can be a variety of actions, such as theft, assault, murder, drunk driving, etc.

4. Injury:

The term “injury” is defined in Section 2(14) of the Bharatiya Nyaya Sanhita (BNS), 2023 as follows – “injury means any harm whatever illegally caused to any person, in body, mind, reputation or property.”

In criminal law, injury refers to loss or damage caused to the body, mind, or property of a person as a result of criminal activity. Injuries play an important role in determining the gravity of the offence and the appropriate legal consequences.

Stages of Crime

There are four stages to a crime and, except in a few cases, all four stages are necessary for a crime to be constituted:

1. Intention:

Intention is the first and most important step in constituting a crime, and according to criminal law, “intention” refers to the mental state or mental element of a crime, which is a crucial aspect in determining whether a person is guilty or not. Intention, often referred to as mens rea, refers to the mental state of the accused at the time he committed the criminal act. It helps establish whether the accused had the requisite mental state to be held criminally responsible for his actions.

Merely having an intention to do something is not a crime, because thinking of doing something is not a punishable act, but it is the first step towards constituting a crime.

2. Preparation:

Preparation is the second step in constituting a crime, and in this step, the person committing the crime makes preparations with guilty intent to carry out the act which he has contemplated beforehand, and this too is not punishable unless this preparation causes harm to anyone. Note: Exceptions apply.

3. Attempt:

Attempt is the third stage of constituting a crime, and in this stage, the person committing the crime tries to commit the crime, and it is punishable by law even if no one is harmed by that attempt. To decide how much punishment should be given for which crime, the intention and preparation before attempting the crime are also considered, whether this attempt was already planned or not. Note: Exceptions are applicable.

4. Accomplishment:

Accomplishment is the fourth and final stage of crime, and when all four stages of crime are completed, then it is called a crime and it is punishable as per the provisions given under the prescribed law. This stage is also important because it shows what is the level of crime or how heinous the crime has been committed, and the person committing the crime is punished according to the level of crime or the crime committed by him.

Read Also:

• Power of criminal courts in India under BNSS
• Bail and its types under BNSS
• Theft and its provisions under BNS

QNA/FAQ

Source:

• The Bharatiya Nyaya Sanhita, 2023
• The Bharatiya Nagarik Suraksha Sanhita, 2023
• https://www.indiacode.nic.in/handle/123456789/20062
• https://www.indiacode.nic.in/handle/123456789/20099