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General_Principles_of_Crime

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2 views

General_Principles_of_Crime

Uploaded by

Akansha Bhardwaj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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General Principles of Crime

**General Principles of Crime**

Concept of Crime
- Definition: Crime is an act or omission that violates a law prohibiting
it and is punishable by the state.
- Key Features:
- Prohibited by law: Acts must contravene existing laws.
- Punishable: Legal consequences or sanctions are enforced.
- Public Wrong: Crime is considered an offense against society.

Elements of Crime
1. Mens Rea (Guilty Mind): The intention or knowledge of wrongdoing.
2. Actus Reus (Guilty Act): The physical act or illegal omission.
3. Causation: A link between the act and the resulting harm.
4. Harm: Actual damage or injury caused to individuals or society.
5. Legality: The act must be recognized as a crime under law.

Stages of Crime
1. Intention: Formation of the criminal idea (not punishable alone).
2. Preparation: Arranging tools or plans (generally not punishable,
except in specific cases like waging war or counterfeiting).
3. Attempt: Direct actions towards committing the crime (punishable
under law).
4. Completion: Successful execution of the intended crime.
Concepts in Criminal Liability

1. Strict Liability
- Definition: Liability without the need to prove mens rea.
- Examples: Environmental laws, consumer protection laws.
- Purpose: Ensures higher standards of care in activities involving
public safety.

2. Constructive Liability
- Definition: Holding someone liable for a crime committed by another
due to their relationship or association.
- Example: Employers may be held liable for employees' actions
under certain conditions.

3. Common Intention
- Definition: When two or more persons act with a shared intent to
commit a crime.
- Key Case: Mahbub Shah v. King Emperor (1945) - Defined the need
for a pre-arranged plan.

4. Common Object
- Definition: A shared purpose among members of an unlawful
assembly (Section 149, IPC).
- Distinction from Common Intention: Common object does not
require prior agreement.
Inchoate Crimes/Preliminary Offenses

1. Abetment
- Definition: Encouraging, instigating, or aiding another to commit a
crime.
- Legal Provisions: Sections 107-120, IPC.
- Forms of Abetment:
- By instigation.
- By conspiracy.
- By aiding.
- Key Case: Kehar Singh v. State (1988) - Defined abetment by
instigation.

2. Criminal Conspiracy
- Definition: An agreement between two or more persons to commit
an illegal act (Section 120A, IPC).
- Essentials:
- Agreement between parties.
- Intention to commit an unlawful act.
- Punishment: Section 120B, IPC.
- Key Case: Rajiv Gandhi Assassination Case - Demonstrated the
elements of criminal conspiracy.

3. Attempt
- Definition: Direct actions taken towards committing a crime but
failing to complete it.
- Legal Provisions: Sections 511, IPC (general provision for attempts).
- Essentials:
- Intention to commit the offense.
- Proximity to commission of the offense.
- Failure to complete the act.
- Key Case: R. v. White (1910) - Poisoning case illustrating an
unsuccessful attempt.

Exam Tips
1. Clearly define key concepts with relevant case laws and examples.
2. Emphasize differences between common intention and common
object.
3. Focus on elements and stages of crime, as these are commonly
tested.
4. Use diagrams or flowcharts to explain the stages of crime or
relationships between concepts.

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