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Ritu patel
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What is Crime and Its Elements?

A crime is an action that breaks the law and causes harm to others or
society. It is something that is illegal and punishable by law. Crimes can be
big, like murder, or small, like stealing something from a store.

For something to be considered a crime, there are key elements


that must be present:

1. Actus Reus (The Guilty Act): This is the physical part of the crime, the
action or behavior that breaks the law. It could be doing something illegal,
like stealing, or not doing something that you are legally required to do, like
failing to pay taxes.

Example: Taking someone’s wallet without permission is an act of theft.

2. Mens Rea (The Guilty Mind): This is the mental part of the crime. It
refers to the intention or state of mind a person has when committing a
crime. Mens Rea shows whether a person did something on purpose, by
accident, or in a reckless way.

Example: If someone plans to kill another person, their intent to harm is the
mens rea.

3. Causation: This means that the person’s actions must have caused the
harm or damage. For example, if someone punches someone else and the
punch causes an injury, causation links the punch to the injury.
4. Concurrence: This means that both the act and the guilty mind (mens
rea) must happen at the same time. In other words, the person must have
the bad intention at the time they commit the crime.

Example: A person who intends to steal and actually steals something is


showing concurrence between their intention and their action.

5. Harm: A crime usually causes some kind of harm, whether it's to a person,
property, or society in general. Harm can be physical, emotional, or financial.

Example: If a person steals someone’s car, the harm is the loss of the car.

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 Stages in the Commission of a Crime

When someone commits a crime, it usually happens in several stages. These


stages help to determine how serious the crime is, and whether it was
completed or not.
1. Intention (Thinking about the crime): This is when someone decides to
commit a crime but has not yet done anything. Just thinking about
committing a crime is not enough for it to be punishable under the law.

Example: A person plans to rob a bank, but hasn’t taken any steps yet.

2. Preparation (Getting ready to commit the crime): This is when someone


starts doing things to get ready for the crime. They may buy tools or make
plans, but they haven’t actually committed the crime yet.

Example: A person buys a gun and studies the bank’s security system,
planning to rob it. Even though they are preparing, they haven’t yet
committed the crime.

3. Attempt (Trying to commit the crime): At this stage, the person takes
action to commit the crime but is stopped before they can finish. They may
fail to complete the crime, but their attempt is still punishable.

Example: A person tries to rob a store but is caught by the police before they
get any money. This is an attempted robbery.

4. Commission (Completion): This is when the person successfully commits


the crime. The crime is complete when the person has done what they
intended to do, such as stealing, assaulting someone, or committing fraud.
Example: A person successfully robs a bank, takes the money, and escapes.
The crime of robbery is now complete.

5. Consequences: This refers to the harm or result that happens because of


the crime. This could include physical injury, loss of property, or even death,
depending on the crime.

Example: In a theft case, the consequence is that the person loses their
property.

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Example in Simple Terms

Let’s take the example of stealing:

1. Intention: A person thinks, “I’m going to steal a wallet from someone.”

2. Preparation: The person looks around to find someone who has a wallet,
waits for the right moment, and gets ready to take it.
3. Attempt: The person tries to take the wallet but is caught before they
succeed.

4. Commission (Completion): The person successfully steals the wallet,


takes the money, and runs away.

5. Consequences: The owner of the wallet loses their money, and the
person who stole it faces legal consequences.

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Conclusion

In simple terms, a crime is when someone breaks the law and causes harm,
and it has certain elements like the guilty act (Actus Reus) and the guilty
mind (Mens Rea). There are stages that lead to the commission of a crime,
from planning to attempting to completing it. Each stage helps to determine
whether the crime was completed or just a failed attempt. Understanding
these stages helps the legal system to decide the severity of the crime and
the punishment that should be given.

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