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Crime

A crime is an act, which breaks a rule of society, which is punished by the government. Even though crimes are committed against individuals, the Government punishes them because they violate certain rules, which are considered to be vital to the moral structure of a civilized society. Therefore, even though they are perpetrated against individuals, they affect society as a whole. For this reason, the Government takes action against crimes. Crimes are dealt with by the Indian Penal Code, which was laid down by the British in 1860.

One of the important characteristics of a crime, as defined by law, is that it should be committed by an entity, which is considered a “legal person” by the law. The concept of “legal person” is one that is not readily understandable. This refinement of the common definition of person was created to allow firms and companies along with human beings to be punished for crimes. A firm or a company is a “person” created by law.

This "person" must commit an act, which is illegal. The illegal act must be done with guilty intention. Lastly, the act must result in injury to another person. Simply, the elements necessary for a crime to be committed are

  • A person must do an act which is illegal
  • Act must be done with a guilty intention
  • Act must result in an injury to a person

For a crime to be committed, there must have been a form of guilty mind on the part of the person committing the crime. The person doing the act must have had some form of guilty mind. Only if this exists can it be said that a crime was committed. For instance, I was walking on the road and slipped. To save myself I caught a person walking near me. He fell and hit his head and died. Have I committed any crime?

For a crime to be committed, you must have had some intention to injure the person. Since you did not have any such intention, you have not committed any crime.

Sometimes, you can commit a crime through sheer carelessness. Even though a criminal intention is necessary for a crime to be committed, sometimes, sheer carelessness is given the same treatment as criminal intention. The law believes that the person should have known that what he did was of such a dangerous nature that it would cause injury to someone. Even if he didn’t intend the injury, because he should have known that it would occur, he is treated as having committed a crime. For example, a person drinks a lot and then drives a car and causes an accident. Drinking is not a crime and neither is driving. Drinking and driving is so dangerous that the person should have known that it would cause injury to someone. This is a crime caused through sheer carelessness.

An important area related to crimes is punishment. In most peoples’ mind, crime and punishment are inextricably linked. This is probably because the outcome of committing a crime is undergoing punishment. Punishment serves an important function in the criminal justice system. It is supposed to have certain effects on society. The first of these effects is deterrence. The assumption is that the presence of a punishment for the commission of a crime acts as a deterrent to people who might want to commit the crime. The second effect punishment is supposed to have is prevention. It works by removing offenders from society thereby preventing them from committing further crimes. The third effect that punishment seeks to achieve is retribution. It is supposed to make the victim or the victim’s family feel avenged for the wrong committed against them. Punishment could also be compensatory in nature. This is when the punishment provides some compensation to the victim or his/her family for the injury done to them. Lastly, punishment should be reformative in nature. The aim of punishment should be to make it possible to rehabilitate the offender and make him/her a useful member of society.


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