DEFINITION OF CRIME
What is crime?
Now let us examine these stages closely and unpack the fundamental concepts behind them.
ABIT INTENTION
Intention is the will of a person which is directed towards an overt acr. For example-- if B servers the head of A then the intention is clear that B wanted to kill A.
Motive
Motive it the ulterior object of the person with which he does an act. For example--
If a person kill another man for steeling his brand new phone, then the motive of the person was to get phone.
Knowledge
An intention to commit an offence may be inferred from knowledge. for example--
A wanted to kill Z. Z was suffering from acute asthema and A knew that Z required his inhaler. A hide Z's inhaler to kill him.
Recklessness
Is the state of mind of a person who foresses the possible conduct of his act but yet fails to keep in mind the doing associated with his act.
Negligence
Is an omission of a act or duty to take care. I. Criminal law unlike torts, negligence is not the basis of liability in general. It is only in few care that the IPC fixes criminal liability.
Preparation:-
The second stage is termed as preparation.
It is at this stage that the person prepare or does acts which will help him in committing the criminal act. It needs to be kept in mind that the criminal act has not been committed yet and therefore this stage is not punishable.
Attempt
An attempt is the direct movement toward s the commission of an offence after the preparation has been made. An attempt creates an alarm and the moral guilty of the offender is the same as though he had succeeded.
Commission
It is the last stage of crime. This is the stage where the offender has crossed all the three intial stages,
for example-- intention, preparation, and attempt. At this stage the person completes the actus reus. The act would also include omission.
(Section 32 )
Words referring to act include illegal omission:--
In every part of this code except a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
(Section 33)
''Act'', Omission, The word act donots as well as a series of acts as a single act whereas the word "omission" denotes as well a series of omissions as a single omission.
(Section 44)
"Injury" The word ' injury' denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
A crime is an act which the the society looks down upon and shocks the conscience after public at large. Chief corner of criminal law is to protect and preserve certain fundamental social values and institutions
Due to this underlying tone , the Indian penal code (IPC) prescribes a set of norms of human behaviour and forbids human contacts that excusably exhabits disrespect aur inflects or thereatens substantial harm to individuals.
A crime is an act which does not happen automatically. But rather it is an act or omission which pass through a process before it reaches the the thresholds of being termed as a crime.
The verious stages of a crime are as under:--
(1) INTENTION. (2)PREPARATION
(3) ATTEMPT (4) COMMISSION
 |
INTENTION
The intention is the first and initial stage in the commission of crime and this stage has not been penalized under the IPC(Indian Penal Code) Actus non facitreum nisi menssit rea is a Latin maxin which translates into an act does not make a defendant guilty without a guilty mind.
It translates into that an act does not itself become guilty. Actus Reus is the physical act which a person does and mens rea is the 'guilty mind' with which a crime is committed.
It is pertinent to note that an act which is not preceded with an evil intention is not preceded with an evil intention is not punishable. It is important that Mens rea is present in a particular act, meaning there by that an act will only be termed as a crime if act will only be termed as a crime if there is an evil intention to do wrong. The act without the evil intention is not punishable.
The liability to conviction of an individual depends not only on his having done some outward acts which the law forbids, but on his having done them in a certain frame of mind or with a certain will. It is the combination of the act and the intent which makes a crime.
The intent and the act both must concer to Constitute a crime.
The concept of Mens Rea include within it's ambit intention, knowledge, motive, recklessness and negligence.
ABIT INTENTION
Intention is the will of a person which is directed towards an overt acr. For example-- if B servers the head of A then the intention is clear that B wanted to kill A.
Motive
Motive it the ulterior object of the person with which he does an act. For example--
If a person kill another man for steeling his brand new phone, then the motive of the person was to get phone.
Knowledge
An intention to commit an offence may be inferred from knowledge. for example--
A wanted to kill Z. Z was suffering from acute asthema and A knew that Z required his inhaler. A hide Z's inhaler to kill him.
Recklessness
Is the state of mind of a person who foresses the possible conduct of his act but yet fails to keep in mind the doing associated with his act.
Negligence
Is an omission of a act or duty to take care. I. Criminal law unlike torts, negligence is not the basis of liability in general. It is only in few care that the IPC fixes criminal liability.
Preparation:-
The second stage is termed as preparation.
It is at this stage that the person prepare or does acts which will help him in committing the criminal act. It needs to be kept in mind that the criminal act has not been committed yet and therefore this stage is not punishable.
Attempt
An attempt is the direct movement toward s the commission of an offence after the preparation has been made. An attempt creates an alarm and the moral guilty of the offender is the same as though he had succeeded.
Commission
It is the last stage of crime. This is the stage where the offender has crossed all the three intial stages,
for example-- intention, preparation, and attempt. At this stage the person completes the actus reus. The act would also include omission.
(Section 32 )
Words referring to act include illegal omission:--
In every part of this code except a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.
(Section 33)
''Act'', Omission, The word act donots as well as a series of acts as a single act whereas the word "omission" denotes as well a series of omissions as a single omission.
(Section 44)
"Injury" The word ' injury' denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
Very good
ReplyDelete