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09/11

What is Crime? Crime and Offense.

An act which caused injury, done with intention which is punishable by state is an offence.

Section 40 of IPC.

Punishment can only be given by state with legality. Thus, offence is a crime recognized by
state as offence.

Example = Marital rape (not recognized)

Crime is more broader than offence.

Act + Injury + Intention = Crime

Act + Injury + Intention + state recognition = offence

Though, in legal terms can be used interchangeably.

History of Crime

Anglo-saxon legal system

Tribal Law

 The Anglo-Saxon legal system was originally a system of tribal justice.


 Anglo saxon tribal custom based on the principles of kinship
 The family or kinship group, not the state, was regarded as the injured party.
 All crime was crime against the family: It was the family that was regarded as having
committed the crimes of its members; it was the family that had to atone, or carry out
the blood-feud.

Feudal Law

Wer, Wite, and Bot

 As feudalism and Christianity changed the organization of Saxon society, the blood-
feud was replaced by a system of compensations: the wer, wie, and bot.
 The wergild was a money payment made to a family group if a member of that family
were killed or in some other way injured. The bot was a general payment of
compensation for injuries less than death. The wile was a public fine payable to a lord
or king. The only other punishment referred to is outlawry, or friedlos
 Bot-

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