Commonly, the chief Indian criminal laws comprise the Indian Evidence Act, Criminal Procedure Code, and the Indian Penal Code. Most often, people refer to these three as general laws. Besides these laws, there are present other laws too that are related to some kinds of offences. In this context, you can consider the Prevention of Money Laundering Act. This handles specific financial crimes. Again, other laws too that don’t mainly regulate crimes, such as the Companies Act, comprise some penalties and offences. Having touched upon the basics, let us analyse the essential elements of the crime.
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What are the Sources of Information for the Elements of a Crime?
Most often, the police find considerable difficulties in conducting some criminal investigations as not all the fundamental elements of crime happen to be equal. Some kinds of evidence emerge as more advantageous compared to the others:
Info from Physical Evidence – This is the evidence of some tangible nature related to the crime directly. Physical evidence comprises items like fibres, blood, fingerprints, and crime tools, like a crowbar, gun, knife, etc. At times, physical evidence is known as scientific or forensic evidence. It implies that the evidence should be analysed scientifically. Physical evidence serves nearly two functions for investigation. The first is physical evidence helps in establishing the elements of a crime. The second is physical evidence can be related to offenders to a crime scene or victims to a crime scene.
Info from People – Information from people is another huge source of info besides physical evidence. Witnesses can be classed as primary or secondary. Those who are primary witnesses have got direct information of the crime as they have observed its occurrence or overheard something. Some people who remain included are eyewitnesses. A secondary witness possesses info about some related events after or before the crime. Some street sources and victims who didn't observe the crime are known as secondary witnesses.
Essential Elements of Crime
There are four elements of crime. For forming criminal liability, you can break down crime into components. Some essential elements of crime or fundamental elements of crime are:
Accused person – It is impossible for a crime to happen without reason and out of thin air. This means no crime occurs by accident. A person always commits a crime. The law must be capable of pinpointing the person who happens to be liable for committing a crime. A person comprises a body of persons or a company, whether it is incorporated or not. Again, the word person also includes juridical or artificial people.
The person happens to be a lawful entity that the law has formed, and he isn't a natural person, like a corporation formed under a state statute. This is a legal entity that has got distinguished legal rights and identity. At times, some offences do implicate more than a person for the same crime. Here, all the persons will confront the trials, and they might be required to suffer punishment together.
Mens rea – People never commit crimes unless they possess an intention to do it. Commonly, the law refers to their objective as mens rea. In Latin, it means guilty mind. This implies an act can't emerge as guilty when it doesn't come with a guilty mind. Some elements of it encompass some inherent elements, like knowledge, intention, or motive. Mens rea also comprises an act where the offender knows of it and is hugely dangerous. And so, it is essential to observe all the relevant provisions for understanding the offender's intention.
Actus Reus – This is a Latin term that is useful for describing some criminal activities. Actus Reus describes physical activities that harm another individual or damage property too. There are a couple of Actus Reus; the 1st is commission, and the 2nd one is known as omission. The commission is considered a criminal activity that happens because of some voluntary body movements. Both mens rea and actus reus are vital for forming an offence.
Injury – An injury is considered the 4th fundamental element of a crime. There can't be any crime when no person confronts some injury. Based on Section 44 of the Indian Penal Code, injury is the harm caused to an individual unlawfully either in body, property, reputation, or mind. Some crimes might not need injuries to a person. For instance, when a person drives without a driving license, it is viewed as a crime even when it doesn't harm a person.
In conclusion, the fundamental elements of crime are a crucial aspect of Criminology and Judiciary, and it is essential that we know about the subject.
FAQs on Elements of Crime
1. What are the four essential elements required to constitute a crime?
For an act to be considered a crime, four fundamental elements must generally be present. These are:
- Human Being: The act must be committed by a human being who is responsible for their actions.
- Mens Rea: This is the 'guilty mind' or the mental intention to commit the crime.
- Actus Reus: This refers to the 'guilty act' itself, the physical commission of the crime.
- Injury: The act must cause some form of harm or injury to another person, property, or society as a whole.
2. Can you explain 'Actus Reus' with a simple example?
Actus Reus is the physical component of a crime. It is the actual, voluntary act (or omission, in cases of a legal duty to act) that is forbidden by law. For example, in a case of theft, the Actus Reus is the physical act of taking someone else's property without their permission.
3. What is 'Mens Rea' and why is it so important in criminal law?
Mens Rea, or the 'guilty mind,' refers to the mental state or intention of the person while committing the crime. It is crucial because our legal system is built on the principle that a person should only be punished for acts they intended to commit. Proving Mens Rea helps distinguish between an accident and a crime. For instance, accidentally bumping into someone is different from intentionally pushing them.
4. What is the main difference between 'Actus Reus' and 'Mens Rea'?
The main difference lies in what part of the crime they represent. Actus Reus is the physical act itself (the action), while Mens Rea is the mental state behind the act (the intention). For a conviction in most crimes, the prosecution must prove that both the guilty act and the guilty mind occurred at the same time.
5. How do the elements of crime apply in a real-world case like assault?
In a case of assault, all four elements would need to be proven:
- Human Being: A person must commit the act.
- Mens Rea: The person had the intention to cause fear or physical harm.
- Actus Reus: The person performed a physical act, like swinging a fist or threatening someone, that caused the victim to fear imminent harm.
- Injury: The victim suffered harm, which could be physical injury or the psychological fear of being hurt.
6. Can a crime ever be committed without a 'guilty mind' or Mens Rea?
Yes, some specific offences do not require proof of Mens Rea. These are known as 'Strict Liability' offences. In these cases, just committing the prohibited act (Actus Reus) is enough to be found guilty, regardless of your intention. These are often public welfare laws, like selling contaminated food or violating traffic rules, where the act itself is considered dangerous to society.
7. Why is it necessary to prove that both the act and the intent happened together?
This is known as the principle of concurrence. It is essential to ensure that people are not punished for having bad thoughts alone or for accidents that were not intended. For example, if you think about harming someone on Monday but accidentally trip them on Tuesday, a crime has not occurred because the guilty mind (Mens Rea) and the guilty act (Actus Reus) did not happen at the same time.
8. Do the elements of crime change under the new Bharatiya Nyaya Sanhita (BNS)?
The fundamental principles of what constitutes a crime remain largely the same under the Bharatiya Nyaya Sanhita (BNS). The core requirements of a voluntary act (Actus Reus) and a guilty mind (Mens Rea) are still central to establishing criminal liability. While the BNS has reorganised, redefined, and added specific offences, the underlying philosophy of these essential elements continues to be the foundation of Indian criminal law.
