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Crime : definition, essential and stages

Definition :
As per section 40 of IPC any act or omission made punishable by
IPC Is an offence.
Similarly Section 2n of CrPC says that any act or omission made
punishable by the IPC or any other law for the time being enforced
is an offence.
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M~ jurists...have defined crime In thetr own ways some of which
are as under:
· Blackstone defined crime as an act committed or ommed In
violation of a public law either f orbldding or commanding It
(crime Is a public wrong).
· Stephen observed a cnme is an act not only punishable by law
but Is also revolting to the moral sentiments of the society. (crime
Is a moral wrong).
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· Kenny says that crime Is a punishable at and Is no way
remlsslble by any private person and is remlsslble by the
soverelgn{State) If remlsslble at all.
•accorc11ng to The Oxford English Dictionary' Crime Is an act
punlshable by law as forbkldan by statue or injurious to public
welfare.•
· A Crime Is an unlawful Act punished by the state or any lawful
authority. A a-tme or an offence Is an act which Is harmful not
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•according to The Oxford English Dictionary" Crime Is an act
punishable by law as forbidden by statue or Injurious to public
welfare.• -
· A Crime ts an unlawful Act punished by the state or any lawful
authority. A crime or an offence la an act which Is harmful not
only to the person but also to the community, society or state.
SUch acts are forbidden and punished by law.
Crime Is an unlawful Act punishable by law as forbidden by
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Crime Is an unlawful &1, punishable by law as forbidden by
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statute for Injurious to public welfare. ...
Fundamental elements of a crime : There are basically four
elements of a atme are as follows:
1) Human being: Section 11: the word human being has not bet
defined In IPC but the words men and women have been define
under section 10.
Human belna must commit wronaful Act to fulfill first element <
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Fundamental Principles of criminal Law

1- Any act is not a crime unless it is punishable as a cri~ by a
particular law.
2 - No person can be punished without the authority of law.
l- Act done before the enactment of law cannot be punished after
the enactment of law.
Fundamental elements of a crime : There are basically four
elements of a crime are as follows:
1) Human being: Section 11 : the word tun an being has no t
been
defined In IPC but the words men and women hav e bee n def
ine d
under section 1 O. IJ..),_
Human bei ng mu st com mit wrongful Ac t to fulf ill firs t ele me
nt of
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He must not be an Infant or Insane person. There must be a

normal adult human b,~ ~ to comm· crime and he must be
under a legal o ligation ~~·· th I • Certain person are '
exempted from atmlnal liability such as president of India,
foreign sovereign visiting India and their Ambassador visiting
India
section 11 of IPC defines the word person and It says that word
person Includes any company or association or body of persons
whether incorporated or not.
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section 11 of IPC defines the word person and it says that word
person Includes any company or asSC>Ciatlon or body of persona
whether incorporated or not.
The word person Includes artiflcla·I or Juridical persons.
In Messer Syndicate Transport Private Limited 1965 the Bombay
High Court clarified that a company cannot be held guilty of those
crimes which can be committed only by human being such as the
rape, bigamy, Murder etc. similarly a company cannot be held
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~n Messer Syndicate l !:_ansport Private Ll[)tted 1965.the Bombay

High Court clarified that a company cannot be held guilty of those
crimes which can be committed only by human being such as the
rape. bigamy, Murder etc. slmllarly a company cannot be held
guilty for those crime which are punished by death or
Imprisonment but a company can be held guilty of those crime
which are punished exclusively or alternatively wtth the fine.
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2 Mens rea or Guil intention : The second element Is derived

from t e famous maxim Actus Non-Fsclt Reum Nlsl Mens Sit Rea,
which means that. the guilty Intention and guilty act together
constitute a crime. It comes from the maxim that no person can
be punished In a proceeding of criminal nature unless It can be
showed that he had a guilty mind. There can be no crime of any
nature without mens rea or an evtl mind.
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3) Actus Reus or Guilty Act : Actus Reus Is the physical aspect of

a crime. I he accusecffteeds to have done something or omitted
to do something, resulting In Injury to the plalntlff, or the victim.
It Is the gultty Act that follows the gultty Intention. An act wlll only
be called a crime If both the efet nents are present. The guitty
Intention of person leads them to act in accordance to it and
hence tt turns Into crime.
!_) lniury or Harm : for a particular crime to take place It necessary
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4) lnlury or Harm : for a particular crime to take place It necessary

for the Injury to occur. After having guilty mind and doing the
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guilty act If the Injury does not occur then that cdme Is not
conslde ~....~ mitted. __...---
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In conclusion, the four essential elements of a crime are:- (1) the

crime must be committed by a human beln ,""{2) there must be
hurt or Injury caus r, (3) there must exist an Actus
·Reus, 4 there must be a Mens rea to commit the crime, with
certain exceptions.
What Are The Stages Of Crime Under The Indian Penal Code,
1860?
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Strict liability : Some cases have a strict llablllty clause, wherein

Mens rea does not matter. In such cases, Actus Reus alone Is
sufficient to establish guilt. and to obtain a conviction from a
competent court of law.
In conclusion, the four essential elements of a crime are:- (1) the
crime must be committed by a human being, (2) there must be
hurt or Injury caused to another, (3) there must exist an Actus
What Are The Stages Of Cri e Under The Indian Penal Code,
1860?
The various stages of a crime are as under:-
1. Intention to Commit Crime.
2. Preparation to Commit Crime.
3. Attempt to Commit Crime.
4. Commission
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1. Intention : The Intention Is the first and Initial ~e In the

commission of a crime and this stage has not been penalized
under the IPC.
Lord Kenny Illustrates this with a very good example. A person
picks up an umbrella with the Intention of stealing that umbrella
from a dub stand. But when he cornea home and sees It. the
umbrella tums out to be his own.
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In such a situation, criminal liability cannot be Imposed on that

person, although his Intention was to steal the umbrella The
reason Is 1hat It was only a crtmlnal Idea of stealing (Mens Rea)
which does not fall Into the category of Overt Act because it does
not result In Act Therefore, the Intention Is not punishable until It
Is converted Into overt Act.
Actus Reus Is the physical act which a person does and mens rea
Is the 'guilty mind' with which a crime is committed. So the Intent
and the act both must concur to constitute a crtme.
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Actus Reus Is the physical act which a person does and.mens rea •
Is the 'guilty mind' with which a crime Is committed. So the Intent
and the act both must concur to constitute a crime.
2. Preparation to Commit Crime : The second stage Is termed as
preparation. It Is at this stage that the person prepares or does
acts which wlll help him In committing the criminal act. It needs
to be kept In mind that the criminal act has not been committed
yet and therefore this stage is not punishable.
For example- 'A' thinks of kJlling a person, be btl)'I a pistol, buys a
railway ticket to go to the place where the murder Is to be done.
Since he did not cross the stage of preparation to do all this.
Therefore. he will not be considered a criminal.
Therefore, In general, preparation of an offense Is not punishable,
but In the following cases, preparation la punishable under the
Indian Penal Code.
1. Waging war against the Government of lndta (Sec.122).
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1. Waging war against the Government of India (Sec.122).
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2. Committing depredation on tlfe areas of any country which Is

at peace with the government of India (Sec. 126).
3. To commit dacolty {Sec 399.).
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3. Attempt to Commit Crime : An attempt Is the direct movement
towards the commission of an offence after the preparations has
been made.
4. Commission : It l,s the last stage of the commission of a a-lme.
This is the stage where the offender has crossed all the three
Initial stages I.e., Intention, preparation, and attempt. At this stage,
the person completes the actus reus. The act would also Include
omission.
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4. Commission : h Is the last stage of the commission of a crime.
This Is the stage where the offender has crossed all the three
initial stages i.e., intention, preparation, and attempt. At this stage,
the person completes the actus reus. The act would also Include
omission.

If the accused becomes successful In his attempt to commit the

crime, he will be guilty of the complete offense. Moreover, if his
attempt Is unsuccessful he will be gullty of his attempt.