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CRIME

Table of Contents

Question Bank

Q.1 Define crime. What are the characteristics of crime?

Q.2. Define Crime. How it differs from ‘sin’ and ‘moral wrong’.

Q.3. Define a multifactor approach to crime causation.

Q.4. Explain in detail the various causes of crime.

Q.5. Explain different approaches to crime control and their utility in our penal policy.

Q.6. Who is called a ‘criminal’? What are the various categories of criminals?

Q.7. Classification of criminals given by Lombroso.

Short Notes

Dimension of crime in India.
Difference between ‘crime’ and ‘sin’.
‘Heredity’ and ‘crime’.
Poverty as a cause of crime.

Synopsis

I] Introduction-

II] Definition and characteristics of crime

1) Austin defines crime as

2) I.P.C S. 40 defines ‘Offence’

3) According to Jones

4) According to Blackstone

5) Garofalo gives sociological definition of ‘crime’ as

Characteristics of Crime-

a) Harmful impact
b) Actus Reus (act)
c) Means rea (guilty mind)
d) Prohibited
e) Punishment

III] Distinction between crime and other concepts

A) Distinction between ‘Crime’ and ‘Sin’

1) Legal or Religious concept

2) Violation

3) Sanction

4) Injury or harm

5) Remedy

B) Distinction between ‘Crime; and ‘Morality’

1) Punishable/ non-punishable-

2) Adjudication-

3) Object-

4) Certainty-

5) What concerned with?

IV] Classification of crimes-

A) Classification of offences under I.P.C-
B) According to some criminologists-
C) According to target of crime-

V] Causes of Crime (Studied under the head “Theories of Criminology” or “Schools of Criminology” in next topic).

I] INTRODUCTION:-

A society without crime is a myth[1]. There had never been a society in which one or the other forms of crime and criminals were not in existence. Emile Durkheim, therefore, says that “even a society composed of persons possessing angelic qualities would not be free from violations of the norms of that society”.

However, the concept of crime is dynamic; it changes from time to time, from place to place, and from society to society. It largely depends upon the value that society preserves. By laying down rules, society tries to preserve some values and prohibit some antisocial behaviours. Therefore, criminal law is often considered a barometer to gauge the moral turpitude of the community at a given time. In ancient India, Sati’s practice was considered a great practice of devotion and love of a wife towards her husband. Similarly, the practice of untouchability, dowry, multiple marriages, abortion, slavery, and bonded labourer were not crimes. However, these practices are also prohibited with the change in society’s values. Therefore, these practices are treated as crimes nowadays. Moreover, the importance of society keeps changing; therefore, one act may be an offence in one society, which may not be so in another. Thus, adultery is a crime in India, but the same is not a crime in England. Theft may be punished by imprisonment up to three years in India, but the offender may be stoned to death in Arabic countries.

The rate of crime has increased in modern times. Therefore, it is said that the rate of criminality increases with the modernisation of society. Corruption, white-collar crimes, cybercrimes, offences against women, and cultural conflicts are the outcomes of modernisation. The crime rate in European countries is much higher than in India. It may be due to the family bondage in India, which is lacking in European countries. Thirst for wealth has also increased the crime rate.

II] Definition and characteristics of Crime:-

The word ‘crime’ is derived from the Latin word ‘Krimos’, which means ‘to accuse’. It covers acts that need punishment or social condemnation. To properly understand the concept of ‘crime’, we will discuss the following definitions-

1) Austin defines crime as:-

“Any act or omission which the law punishes”[2].

2) I.P.C S. 40 defines ‘Offence.’:-

“The word offence denotes a thing made punishable by this Code.”[3]

In I.P.C, the term ‘crime’ is used as an ‘offence’; therefore, the definition of ‘offence’ and not ‘crime’ is given in I.P.C.

3) According to Jones:-

“Crime is a legal wrong, the remedy for which is the offender’s punishment at the instance of the State”.

4) According to Blackstone:-

“A crime is an act committed or omitted, in violation of a public law either forbidding or commanding it”.

5) Garofalo gives the sociological definition of ‘Crime’ as:-

“An act which affects the basic moral sentiments of pity[4] and probity[5]”[6].

Characteristics of Crime:-

Thus, we may list the following crime characteristics from the above definition.

a) Harmful Impact:-

Crime always has a harmful impact on society, whether social, personal, emotional or mental.

b) Actus Reus (act)[7]:-

Actus connotes a ‘deed’, a ‘physical result’ of human conduct, and ‘Reus’ denotes ‘forbidden by law’. Thus, the term ‘actus reus’ means the result of human conduct which the law prevents. In short, ‘causing death’ is actus reus, whatever means it may have been caused, such as by stabbing, starvation, beating, sword cut, poisoning, etc., The law is concerned with the result of the conduct and not how that result is caused.

c) Mens Rea (guilty mind)[8]:-

Men’s rea is the mental element necessary to constitute criminal liability. Thus, merely an act is not prohibited unless it is done with a guilty mind.

Thus, causing death is actus reus and causing it with the intention or knowledge is murder. Causing death by insanity is not murder.

d) Prohibited:-

The law should have prohibited the act from being called a crime.

e) Punishment:-

The act must not merely be prohibited but banned by prescribing punishment. Otherwise, mere prohibition of the act without penalty would be empty morality and depend upon people’s wishes to be followed or not to be followed.

III] Distinction between Crime and Other Concepts:-

We will discuss the difference between ‘crime’ and other concepts like ‘sin’, morality, etc.,

A) Distinction between ‘Crime’ and ‘Sin’[9]:-

‘Crime’ and ‘sin’ resemble each other to some extent, but there are a lot of differences in their concepts, scope and consequences. We will discuss them as follows-

1) Legal or Religious concept:-

The concept of sin emanates from religion, whereas crime is a legal proposition, e.g. causing the death of any being is sin; therefore, causing the death of a mosquito may be a sin but is not harmful. Whereas causing the death of a human being is harmful. Similarly, gay marriage may be a sin, but it is not a crime in many countries.

2) Violation:-

Sin violates rules of religion or morality, whereas crime results in a breach of law.

3) Sanction:-

Crime is punished by the State, whereas sin is left to God for punishment; it means it has no punishment in this world.

4) Injury or harm:-

There is no direct injury or harm in the case of a ‘sin’, whereas crime necessarily causes some physical, mental or proprietary harm to the victim.

5) Remedy:-

The remedy for sin is penance, whereas the State always punishes crime.

Thus, ‘sin’ may be morally wrong, but it is not a crime if the law prohibits it.

B) Distinction between ‘Crime’ and ‘Morality’[10]:-

In ancient times, there was no distinction between law and morality. Morality was treated as a part of natural law at that time. What was immoral was considered illegal. However, the ‘positive law’ theory made a difference between law and morality. The present-day concept of the State has also broadened the difference between law and morality.

We will discuss some of the differences between these two, viz.

1) Punishable/ non-punishable:-

The primary difference is that crimes are punishable by law, whereas immoral sins are not. Man has the liberty to be immoral but not to be a criminal.

Therefore, non-wearing burkha (veil), though treated as immoral, is not punishable. Similarly, while living in a relationship, gay marriages, though immoral, are not crimes or illegal.

2) Adjudication:-

Criminal matters are adjudicated in courts, whereas moral wrongs are not.

3) Object:-

The object of criminal law is to regulate human conduct in society, whereas the object of moral principles is to make a perfect human character.

4) Certainty:-

Crimes are well-defined, specific and certain, whereas moral wrongs are not such.

5) What is concerned with?

Crimes are concerned with overt actions, whereas moral wrongs are concerned with thoughts and feelings.

Morality is connected with the characteristics of a person from his individual point of view toward society and its members. Society lays down some ethical norms to follow, whereas crimes are acts or omissions made punishable by the State.

IV] Classification of Crimes:-

The endeavour is constantly made to work out commonly acceptable classifications of crimes so that the rational basis of punishment for various categories of offenders is made out.

Classifying crimes into different categories is generally based on the gravity of that crime.

A) Classification of offences under I.P.C:-

Under the Indian Penal Code, various offences have been classified into seven broad categories, viz.1. Offences against a person, 2. Offences against a property, 3. Offences relating to documents, 4. Offences against mental order,. 5. Offences against public tranquillity. 6. Offences against State. 7. Offences relating to public servants.

This classification is more rational and elaborate for criminal law and penal justice administration.

B) According to some Criminologists:-

Crimes are classified into-

Legal crimes, i.e. the crimes which are traditional crimes such as theft, robbery, dacoity, rape, hurt etc.,
Political offences, i.e., those motivated politically or committed in violation of the election laws.
Economic crimes such as white-collar crimes such as tax evasion, smuggling, prostitution, gambling, hoarding, etc.
Social crimes, i.e. those crimes which are committed under social legislation, e.g. the Child Marriage Restraint Act, 1978; Protection of Civil Rights Act, 1955; Commission of Sati (Prevention) Act, 1987; The Dowry Prohibition Act, 1961, etc.,
Miscellaneous crimes, i.e. the remaining crimes committed under local or special Acts such as the Prevention of Food Adulteration Act, 1954; Drugs Act, 1940; Consumer Protection Act, 1986.

C) According to the target of crime:-

Some Criminologists classify crimes on the basis of the target, such as

Crimes against the person,
Crimes against property,
Crimes against public order,
Offences against State etc.,

This classification is more like which is made under I.P.C.

V] Causes of Crime (Studied under the head “Theories of Criminology” or “Schools of Criminology” in the next topic).

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[1] दंतकथा

[2] कोणतेही कृत्य अथवा अकृत्य (कसूर) की ज्यासाठी शिक्षेची तरतूद आहे.

[3] Indian Penal Code

[4] करूणा

[5] विष्वसनीयता

[6] असे कृत्य की जे करूणा व विष्वसनीयता या नैतिकतेच्या भावनेवर अघात करते.

[7] असा कृत्याचा परिनाम जो कायदयाने निशिद्ध आहे.

[8] दोशी मन

[9] पाप

[10] नैतिकता