Definition Of Crime And Elements Of Crime

DEFINITION OF CRIME AND ELEMENTS OF CRIME

INTRODUCTION: Certain moral sentiments develop in the history of human society, how they developed is not our present concern certain of these moral sentiments become of such interest to the whole group that conduct out ranging then a made a crime. There is a relation between crime and immorality. In early societies these crimes arrows out of the feeling that conduct that offended the diety threatened the general security. Crime is a changing concept, dependent upon the social development of a people that is upon the fundamental interests and values dominating their common beliefs. DEFINITION OF CRIME: It is very difficult to give a correct and precise definition of crime, Glanville Williams, admitted the impossibility of having a workable, content based definition of crime and points out that the definition of crime is one of the sharp intellectual problems of law. Russell also admitted that – to define crime is a task which so far has not been satisfactorily accomplished by any writer.Such a difficulty in ultimate analysis arises due to the changing nature of crime, an outcome of equally dynamic criminal and penal policy of a state.

However some sociologists, perceiving crime as a social phenomenon feel that criminal law in a sense, protects certain social interests, and any act which threatens or poses threat to this interests is defined as crime. In general terms crime is defined as an act punishable by law as forbidden by statue or injurious to the public welfare. It is very wide definition, any thing which is injurious to public welfare is crime, in modern complex society there are many things which are injurious or against the public welfare for example selling contaminated food, molestation of young children, etc.  Blackstone defines crime : “An act committed or omitted in violation of a public law either forbidding orcommanding it.” o Public law is that part of law which governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society.

 According to Austin - public law is identical with constitutional law. o Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. o The definition thus would cover only the political offence leaving aside a vast area of other criminal behavior.

 Stephen slightly modifies this definition and presents it in the following form: A crime is a violation of a right considered in reference to the evil tendency of such violation as regards the community at large. Blackstone defines crime only the violation of public rights, while Stephen includes the element of violation of public duties as well.

But for example a directors of a company fail to manage its affairs properly the mill is closed, workers are rendered unemployed, production of a commodity essential for the society is stopped. Will it not be an act which is injurious to public or the society? Can we prosecute the directors for any crimes? The answer is certainly not, then what is crime? a. Stephen observed a crime is a violation of a right considered in reference tothe evil tendency of such violation as regards the community at large. b. Austin - According to Austin, crime is any act or omission which the law punishes. Awrong which is pursued at the discretion of the injured party and his representatives isacivil injury: a wrong which is pursued by the sovereign or his subordinates is a crime. c. Prof. S. W. Keeton - According to Prof. Keeton, “A crime today would seem to be any undesirable act, which the state finds most convenient to correct by the institution of proceedings for the infliction of a penalty, instead of leaving the remedy to the direction of some injured person”. d. Oxford Dictionary - Oxford Dictionary defines crime as an act punishable by law as forbidden by statute or injurious to the public welfare. Some jurists define crime as those legal wrongs which violently offend our moral feelings.Some jurists define crime according to the interference by the state in such acts. In civil cases the statedoes not interfere until actual wrong has been committed, and even then itdoes not interposeunless proceedings are initiated by the person actually affected by it. Incriminal matters the statemaintains an elaborate police staff to prevent offences and if one iscommitted an action may beinstituted by the state without the cooperation of the party injured.

Thus we see that an attempt to define the word “crime‟ has been made by profound jurists andthinkers over the time but because of its ever-changing nature from time to time, society to society, circumstances to circumstances and case to case, it is a difficult task to give a definition of crime which would be precise and applicable in every case.

BIBLIOGRAPHY  P.S.A Pillai’s CRIMINAL LAW, 11th Edn, K.I. Vibhute, Lexis Nexis, 2012  Textbook on THE INDIAN PENAL CODE, K.D.Gaur, 4th Edition, 2013