What Constitutes a Crime in India?

India is a diverse society with people from diverse backgrounds. In the democratic form of government that we have adopted post-independence, we have been provided with several rights and duties as incorporated under the Indian Constitution. There are some set of rules, laws, etc. to assure enforcement of those rights and performance of the duties. Society needs to be catered to with peace, harmony, and statutory discipline to make it a society worth dwelling in. 

Since, we have a manifold of minds around us, expecting extreme righteousness can be irrational. We are surrounded by people with bonafide behavior i.e., one who behaves righteously within the bounds of the Constitution, and the other is one whose behaviors are mala fide. The person acting beyond the powers of the Constitution or the established Law is considered the wrongdoer. In civil law, it has been termed as a ‘tort’ and the same is called ‘crime’ in criminal law. 

Origin of Crime in India

The term ‘crime’ has nowhere been defined substantially. Following the facts and circumstances of the case and its extent of non-compliance with the established law, it is always subject to interpretation. Moreover, looking back at the history of ‘crime’ in India, it is considered as old as time. 

Since the Vedic age, crime has been a matter of great concern for the society. Several retributive punishments used to be awarded to the wrongdoers to make society peaceful and healthy. 

The insights on criminal law can be traced in Manusmriti, the Code of Yagnavalkya, etc. In the 19th century, the First Law Commission presided by Lord Thomas Babington Macaulay codified the criminal law in India, and the legislation was enacted on October 6th, 1860 as the Indian Penal Code, 1860. The Indian Penal Code, 1860 (Hereinafter called IPC) is a substantive law that defines all criminal wrongs including their punishment. However, IPC does not define ‘crime’. The expression ‘crime’ and its theories evolved with the advent of modernization.

Crime can be defined as “an act that is deemed by statute or by the common law to be a public wrong and is therefore punishable by the state in criminal proceedings”[1].

It can explicitly be interpreted from the above-mentioned definition that ‘crime’ is an act committed against the State, unlike Tort. It is an activity committed against the whole society rather than against a particular individual. This is because, when there is criminal conduct, it causes terror and apprehension not only in the mind of the victim(s) but also in the people at large. Thus, it is considered a public wrong. 

Also Read: Code of Criminal Procedure, 1973

Elements of Crime in India

The Indian criminal justice system lays down some essential attributes to constitute a crime. They are:

• Actus Reus or Conduct
• Mens Rea or Malafide Intention. 
• The act or omission should be prohibited by law.

Actus Reus is the physical conduct of a person in an act or omission. The conduct of the person must be something that is forbidden by the existing law. It shows the physical representation of the crime. 

Moreover, Mens Rea is also one of the requisites of ‘crime’. Intention plays a vital role in the determination of whether the act so committed is intended to commit. However, the act committed with wrongful intention must be prohibited by law thereto. Thus, to constitute a crime the aforementioned requisites must be fulfilled.

Furthermore, the Latin maxim “actus non facit reum, nisi mens sit rea” which means ‘the act alone does not make the doer of it guilty, unless it is done with a guilty mind’; makes it apparent that to constitute a crime both the elements; actus reus and mens rea are necessary for an act or omission. 

The absence of any one of the elements may not amount to a crime.

You may also be interested in: Types of Criminal Offences in India

4 Stages of Crime in India

The stages of crime are relevant in deciding the liability of the doer. Generally, a ‘crime’ has been bifurcated into four stages. They are:

• Intention
• Preparation
• Attempt
• Commission

All the stages mentioned do not hold penal liability. The liability of the doer starts from the stage of attempt. Mere intention or preparation is not punishable. However, in cases related to the National Security Act, 1980, and some other statutes, the stage of preparation also holds penal liability. The penal liability of a crime, subject to its stages depends upon the facts and circumstances of the case. An elucidative approach to the stages of crime can be read, herewith:

Intention:

It is the tendency of the mind of the doer. The intention plays a crucial role in determining an act as a crime. However, intention can be a good defence to an act, but such intention must be bonafide. According to Section 52 of the IPC, an act done in good faith is not punishable in law. Moreover, the mere intention is not an offence and thus, not punishable to keep the intention to commit an illegal act.

Preparation:

It is the stage of crime after mens rea. In this stage, the preparatory acts by his intention to fulfill what he has intended. However, preparation is not punishable because in many cases the prosecution fails to prove that the preparations in question are for the execution of a particular crime.

Attempt:

An attempt is the step ahead of execution of the commission of a crime after preparation. The law provides for penal liability for an attempt to commit an offence since it happens to be something more than the preparatory stage. A mere attempt to commit an offence is a crime, however, it is immaterial whether that crime was committed or not. An attempt has been incorporated in Section 511 of IPC.

Commission:

The last stage of a crime is its successful commission. If the doer succeeds in the commission of the offence then he will be liable for the offence in toto (in its entirety or completely).

Conclusion 

Crime is a social wrong committed against the State since it threatens and injures public welfare, safety, peace, and integrity. The doer of the crime has to suffer from punishment as the bearer torch. The punishment rendered is preventive to deter crime from society and prohibit citizens from committing unsocial or an act prevented by law of the land. The citizens must act constitutionally to abscond from the commission of an offence. 

However, certain crimes become lawful when read within the rubric of Chapter IV i.e., General Exception of the IPC. The rights enshrined should not be manipulated to satisfy one’s motion. However, crime is a very exhaustive concept evolving every day. The only thing that can help you an absconding commission of an offence is your law boundness and constitutional behavior. 

  [1] OXFORD, DICTIONARY OF LAW (8th edn., Jonathan Law ed. Oxford 2015).