PRINCIPLES OF CRIMINAL LAW

CIA - I
I. What do you understand by the term Crime. What are the essential
elements of Crime. Explain the different stages of Crime with the help of
examples.
In general, a crime is defined as an illegal conduct that violates the laws to the point
where it is prohibited by statute. It is also penalized by State or Statutory law. The
field of criminology studies crimes, which are acts that are considered unlawful. It is
challenging to define "crime" precisely. However, from time to time, other academics
defined the term "crime," concentrating on a different aspect of an illegal act. It will
be beneficial to review some of the well-known definitions of "crime" that have been
presented up to this point in order to better familiarize ourselves with the nature and
many aspects of the term.
Etymology of Crime:
The term ‘crime’ is derived from the latin word ‘cerno’ which means ‘I decided, I
Judgement. Originally the latin word cerno meant ‘charge’ or ‘cry of distress’. The
ancient Greek word ‘Krima’ from which latin cognate was derived typically referred
to an intellectual mistake or an offence against the community, rather than a private or
moral wrong. The meaning of crime as ‘offence punishable by law’ dates back to 14th
century.
Other noteworthy definition of a crime are discussed
Professor Goodhart has defined crime as any act which is punished by the state. It is
still the protection of the public welfare rather than the support of private interests,
which is the dominant purpose of this branch of law.
In Halsbury’s Laws of England, crime defined as “an unlawful act or default liable to
legal punishment”.
Section 40 of the IPC1 rightly states that “an offence denotes a thing made punishable
by the code” An existing offence in the IPC will cease to exist, the moment the state
repeals oe r invalidates it.
Commenting on the definition of crime, ROSCOE POUND observed that, "a final
definition of crime seems to be impossible because law is a living and changing
concept, which may at one time be based on sovereign will and at other time give
much room for judicial discretion, which may at one time be more specific in its
prescription and at another time much more general."2
Essentials of Crime:
1
Indian Penal Code, 1860, § 40, No. 45, Acts of Parliament, 1860 (India)
2
This view finds support in Supreme Court's decision in Smt. Gian Kaur v. State of Punjab AIR 1996
SC 946: (1996) 2 SCC 648, which overruled the Court's earlier decision in P Rathinam Union of India
AIR 1994 SC 1844: (1994) 3 SCC 394. In Rathinam's case, the Supreme Court had decriminalised
attempt to suicide as an offence under Section 309, IPC, holding it unconstitutional but the Court
criminalised suicide as an offence in Gian Kaur's case, Similarly, the Delhi High Court in Naz
Foundation v. Government of NCT 2010 Cr LJ 94: 160 (2009) DLT 277, decided in July, 2009, had
legalised homosexually, which is an offence under Section 377, IPC, but the Supreme Court on appeal,
again criminalised it vide its judgment dated 11 December, 2013. However, there have been petitions
for review against this Judgment.
 Whichever laws we discuss, there are always some aspects of crime that are shared by
all of them. These components typically set the groundwork for all crimes. The four
fundamental components of crime will be thoroughly examined in this assignment
Human:
A human is the main component of a crime. A "human being" must be the one who
commits the wrongdoing. In the section 11 of the IPC defined the term ‘person’ that
the word ‘person’ includes a company or association or body or persons, whether
incorporated or not. The word ‘person’ comprises artificial or judicial persons.. An
animal or non-living object is not regarded as a "person" or "human being." Even if
"retribution" served as the foundation for criminal law in the past, animals that caused
harm were punished. For instance, a horse was murdered for kicking a man, and a pig
was burned at the stake in Paris for having eaten a child.
Fortunately, the IPC 1860 states that the owner is responsible for any injuries caused
by the animal and does not hold the animal accountable. A "human being," therefore,
is the fundamental component of this first element. This individual must be bound by
law to behave in a specific way and be a suitable candidate for receiving the proper
penalty.
Mens rea:
Man rea, also known as evil intent, guilty mind, guilty or wrong purpose, criminal
intent, guilty knowledge, and wilfulness, is the second crucial component of any
crime.
If a human does a wrong without intending to cause harm, it cannot be classified as a
crime. An act must be performed with malevolent purpose.
The adage "Actus non facit reum nisi mens sit rea" is well-known. It states that
"unless a man's intentions were so, the act itself does not make him guilty." "An act
done by me against my will is not my act at all," or "actus me invito factus non est
mens actus," is another adage that sprang from this one.
Nathulal vs. State of M.P (AIR 1966 SC 43)3
In this case, the accused was a food grain dealer who applied for a license and
deposited the requisite license fee. Without knowledge of rejection of his
application, he purchased food grains and sent returns to the Licensing
Authority, who, on checking, found that they were in excess of the quantity
permitted by Section 7 of MP Food Grains Dealers Licensing Order, 1958.
The accused were prosecuted. However, he was acquitted on the ground that
he had no guilty mind.

Actusreus:
The actus reus is the third crucial component of the crime. For an act or omission to
be punishable, it must be clearly evident that it is criminal in intent. Kenny defines
"actus reus" as the kind of human behavior that the law aims to stop. The act that was
done had to be illegal or punishable by law. In the event of a murder case, for

3
Nathulal vs. State of M.P (AIR 1966 SC 43)
 instance, the victim dies by stabbing. Here, the stabbing act of the criminal constitutes
the actus reus, which is homicides.
Omissions are also a part of an act. In addition, a man is accountable if he violates a
legal obligation and fails to fulfill it. There can be circumstances in which doing
injury is required by law or authorized. In these situations, what was done was not
offensive. As an illustration, consider a legally designated executioner who executes a
convicted felon. There is no criminal culpability in these situations. A legal obligation
must be broken by an omission.
Leicester v Pearson (1952)4
A car driver was prosecuted for failing to give precedence to a pedestrian on a
zebra crossing, but was acquitted when it was established that his car had been
pushed onto the crossing by another car hitting it from behind.
Injury:
Injury The final, or maybe most crucial, component of a crime is injury. It needs to be
done unlawfully to a different person, a group of people, or the entire society. The
Indian Penal Code defines "injury" as "any harm whatever illegally caused to any
person in body, mind, reputation, or property" in section 44.
But certain crimes might not even result in physical harm to people. For instance, it is
illegal to operate a vehicle without a valid driver's license, even in situations where no
one is hurt.

Stages of Crime:
I. INENTION:
Contemplating a crime is the initial stage, forming the basis for a crime.
This stage is often not legally penalized due to its harmless nature, the
absurdity of penalizing someone for having an idea, and the difficulty in
determining intents without behavioral evidence. The mental stage of
crime is called intention, as a crime cannot exist without ill intent or
intension. A person's intention does not hold them accountable for the
crime, as it is difficult to establish in court that someone had malicious
intent. Rea includes men's intention, knowledge, recklessness,
carelessness, and negligence. Knowledge refers to actions taken without
fully understanding the potential consequences, recklessness refers to
thinking about actions without considering the consequences, and
negligence is defined as failing to uphold a duty or responsibility, unlike
tort law, which is not punishable by statute

B Nathulal vs State of Madhya Pradesh5 is a landmark Mens Rea case

where a food dealer applied for a license for his food grains without

4
Leicester v Pearson [1952] 2 All ER 71,
5
Supra
 knowing it was rejected. The Licensing Authority found the quantity
exceeded the permitted limit, leading to prosecution. However, the accused
was acquitted as he was not guilty of the offense. The case highlights the
importance of proper licensing and compliance in the food industry.

II. PREPARATION:
The preparation stage of a crime is the stage where an individual prepares
to commit the crime, including acquiring necessary equipment and
arranging the method of execution. This stage is often not criminal, as it
does not guarantee the person will perform the crime due to a change of
heart or the difficulty in determining if the intention is criminal or
innocent. If prepared, it would result in harassment of innocent people.
However, there are some cases where the preparation stage is defined as a
crime in its own right, such as war against the government, dacoity, and
counterfeiting coins or government stamps.

For example, a person planning to rob someone because they know they
have gold jewelry in their home and own a firearm, may not prepare for
the crime by acquiring the necessary tools. Instead, the preparation focuses
on establishing how the crime will be committed. This stage of preparation
is often not criminal under the law, as it would result in harassment of
innocent people.

III. ATTEMPT:
The Indian Penal Code addresses the concept of attempt as a crime in four
ways. The first two phases of committing a crime, purpose and
preparation, are not punished. The stage of attempt, which follows, refers
to an individual's effort to fulfill their desire and readiness to commit the
crime. A person is held accountable for attempt only when their attempts
fail, and when they succeed, they are penalized for the actual crime. The
Indian Penal Code deals with attempt in four distinct ways: in the same
section for offenses against the State, in one part of the crime definition
while the attempt is penalized in another, in one case, simply the effort to
do something, and in another, Section 5116 applies to attempts not clearly
characterised as a crime and no penalty provided.
Narayan Das v State of West Bengal7 and Abhayanand Mishra v State of
Bihar8 are landmark judgments that established the penalties for attempting
to withdraw cash notes and fraudulently claiming to be a graduate. These
cases demonstrate that attempts to commit crimes begin when preparations
are complete and the individual takes steps towards the offense.

6
Indian Penal Code, 1860, § 511, No. 45, Acts of Parliament, 1860 (India)
7
Narayan Das v State of West Bengal,1959 AIR 1118, 1960 SCR (1) 93
8
Abhayanand Mishra v State of Bihar,1961 AIR 1698 1962 SCR (2) 241
 IV. COMMISSION:
The completion of an offense is the final stage, where the perpetrator is
found guilty of the entire offense. The State of Madhya Pradesh v Narayan
Singh case established that an offense consists of four stages: purpose,
preparation, attempt, and action. The first two phases of these offenses
would not result in guilt, but the latter two would. In this case, the
respondents were attempting to export fertilisers without authorization,
making the conduct considered an attempt at the infraction. Nasim v.
Senior Superintendent of Police is a landmark judgement concerning
attempt and accomplishment of crime, involving cow slaughter. In this
case, the petitioner was found to have done preparation and would have
progressed to the third step, i.e., attempt, if not prevented. The Allahabad
High Court, relying on the Narayan Singh case, found that the petitioner
had done preparation and would have progressed to the third step, i.e.,
attempt, if not prevented.

II. What do you understand by the term “Criminology”. Critically explain

the different theories given by jurists as to why people commit crime.

Introduction
The comprehensive study of crime, its origins, effects, and prevention is known
as criminology. It incorporates information from a number of academic fields,
including statistics, anthropology, economics, psychology, and sociology.
Criminologists study many facets of crime, such as the traits of offenders, the
motivations behind their deeds, the consequences of crime on victims and
society, and strategies for prevention. Biological, classical, critical, social
learning, and integrated theories are among the criminology theories.
According to biological hypotheses, neurological, hormonal, or genetic factors
may have an impact on criminal conduct. While critical criminology questions
positivist interpretations, classical criminology places an emphasis on
responsibility and reason. According to social learning theories, criminal
behaviour is picked up through imitation and observation. It is essential to
comprehend these beliefs in order to create tactics that effectively prevent and
reduce crime.
The broad field of criminology studies the origins, effects, and mitigation of
criminal activity. The goal of this project is to critically evaluate the many legal
scholars' explanations for why criminals commit crimes, with a particular
emphasis on the theories of social, biological, classical, and critical learning.
Biological Theories of Crime
The 19th-century biological theories of crime contend that neurological,
hormonal, or genetic elements influence criminal behaviour. The notion of a
"born criminal" has been replaced by an examination of the interaction between
biology and environment in these theories.
Classical Criminology
The ideas of hedonism, reason, and personal accountability are central to
classical criminology, which has its roots in the Enlightenment. This
philosophical movement emphasizes the need of making reasoned decisions
and preventing future crimes.
Critical Criminology
In addition to casting doubt on the legitimacy and applicability of positivist
theories of criminality, critical criminology criticizes state-defined notions of
crime. From this angle, societal strife, unequal authority, and social interactions
are seen as the causes of crime.
Social Learning Theories of Crime
According to social learning theories of crime, like the ones put out by Albert
Bandura, criminal behaviour is picked up through imitation and observation.
These ideas place a strong emphasis on how social factors shape criminal
behaviour.
Integrated Theories of Crime
Integrated theories of crime bring together several viewpoints to offer a more
thorough comprehension of criminal conduct. Terrie Moffitt's Two-Path
hypothesis, for instance, integrates social and biological elements to explain
how antisocial behaviour develops.
Conclusion
The study of crime's causes, effects, and prevention is the focus of the
multidisciplinary field of criminology. According to biological theories of
crime, a person's criminal behaviour can be influenced by hormonal,
neurological, or genetic causes. In classical criminology, the concepts of
hedonism, reason, and personal accountability are emphasized. Critical
criminology casts doubt on positivist theories of criminality's universality and
validity, as well as state-defined notions of crime. Criminal behaviour may be
picked up through imitation and observation, according to social learning
theories of crime. Several viewpoints are combined in integrated theories of
crime to provide a more thorough explanation of criminal conduct. To create
 successful plans for reducing and preventing crime, criminal justice
professionals and law students must have a thorough understanding of the
many theories of crime.

References:
1. Bandura, A. (1973). Aggression: A social learning analysis. Englewood
Cliffs, NJ: Prentice-Hall.
2. Moffitt, T. E. (1993). Adolescence-limited and life-course-persistent
antisocial behaviour: A developmental taxonomy. Psychological Review,
100(4), 674-701.
3. Beccaria, C. (1764). On Crimes and Punishments.
4. Quinney, R. (1970). The social reality of crime. Englewood Cliffs, NJ:
Prentice-Hall.

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