“Law Master’s Publication”
“Nature and Concept of Crime” Prof. Santosh D. Bhosale
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(A) GENERAL
(..1..)
“NATURE AND CONCEPT OF CRIME”
QUESTION BANK
Q. 1. Define ‘crime’ and distinguish between a ‘crime’ and ‘tort’
Q. 2. Explain crime and distinguish between crime and other wrongs
Q. 3. Define ‘crime and discuss the nature and scope of crime’
Q. 4 Define ‘Crime’. What is concept of ‘Crime’? Explain essentials of crime
SYNOPSIS
I] Introduction
II] Definition of ‘crime’
III] Nature of crime
IV] Difference between ‘civil’ and ‘criminal’ justice
1)
2)
3)
4)
5)
Objects
Determination
Gravity
Party to the proceeding
Mens Rea (Guilty mind)
V] Difference between ‘tort’ and ‘crime’
VI] Difference between ‘contract’ and ‘crime’
Administration of justice is one of the essential functions of the State. In
other words, maintaining law and order is the foundation of a civilized society.
“Law Master’s Publication”
“Nature and Concept of Crime” Prof. Santosh D. Bhosale
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Justice is administered through courts and is divided into the criminal justice
system. and the civil justice system. The criminal justice system is more
important; it touches the day-to-day life of the present civilised society.. J Taylor
has rightly marked the importance of the criminal justice system. He says, “A
hard of wolves is quieter and more at once than so many men unless they have
got common reason among them all or common power over them all.”. However,
a ‘common reason’ among them is not possible, but the State can easily exercise
the common power against them. According to Hobbs, unless man is under “a
common power to keep them all in awe”, it is impossible for man to live together.
Therefore, the element of force is inevitable to keep them together. A man is a
fighting animal, and force alone is a controlling factor.
Therefore, the administration of justice with the physical force of the State
is unavoidable. Thus, the maintenance of rights within a political community
through the physical force of the State is a must.
II]
DEFINITION OF ‘CRIME’:-
It is difficult to give a correct and precise definition of crime.
Austin defines “crime” as:-
1)
2)
3)
“Any act or omission which the law punishes”
I.P.C. S. 40 defines “offence”:-
“The word offence denotes a thing made punishable by this code.”
Blackstone:-
According to Blackstone, “Crime is an act committed in violation of a
public law forbidding or commanding it.” He gave another improved definition:
“Crime is a violation of a public right and duties due to the whole community.”
4)
According to Kenny:-
“Crimes are wrongs whose sanction is punitive and is in no way remissible
by any private person, but is remissible by the Crown (State) alone if remissible
at all.”
5)
According to Osborn:-
“Crime is an act or default, which tends to prejudice the community, and
is forbidden by law on pain of punishment inflicted at the suit of the State. “From
the above definitions, the following elements of the crime can be deduced. Viz.
i)
ii)
It is harmful to another.
Brought about by human conduct.
iii)
Which the State desires to prevent through law.
(i.e. by providing punishment for its violation)
“Law Master’s Publication”
“Nature and Concept of Crime” Prof. Santosh D. Bhosale
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III]
NATURE OF CRIME:-
A crime is an act or omission which is prohibited by law. It is harmful to
the public at large. It affects the elementary social interest, i.e. the integrity of
life, liberty and property. Society changes; therefore, the law must change
according to the needs of the changing society. The concept of law and crime
changes from time to time and from place to place. For instance, ‘Adultery’ is
not a crime under English law, but I.P.C. prohibits it under S.497. The ‘Sati’
system (i.e. burning of a wife on the funeral pyres of her dead husband) was a
practice in India, but now it is an offence. Until recently, environmental pollution
was not recognised as an offence. Practices like ‘Slavery’, 'untouchability’, and
‘dowry’ were considered prestigious until recently. They are now crimes
prohibited by law. Therefore, any act that is a crime today may not be a crime
tomorrow if the legislature legislates it. It depends upon the values that society
preserves from time to time.
IV]
DIFFERENCE BETWEEN ‘CIVIL AND CRIMINAL’ JUSTICE:-
As discussed earlier, an administration of justice is civil and criminal.
There are the following differences between these two. Viz-
1)
Objects:-
The object of civil proceedings is to enforce rights through various civil
remedies such as the recovery of damages, specific performance, injunction, etc.
In contrast, the object of criminal proceedings is to punish the wrongdoer. In other
words, the object of criminal liability is of a penal nature (i.e. death,
imprisonment, fine, etc.)
2)
Determination:-
The civil proceeding determines the rights and liabilities of the parties to
the suit, whereas the criminal proceeding determines the accused's guilt.
3)
Gravity:-
Crimes are graver and more harmful in their consequence. Therefore, it is
said that crime injures the ‘public at large’ whereas civil wrongs are
comparatively of lesser harm. Therefore, they are called wrongs against the
‘individual’.
4)
Party to the proceeding:-
In criminal proceedings, the ‘State’ itself constitutes a party since the crime
is a wrong against the whole society, whereas, in civil proceedings, private
individuals are the litigants before the court.
5)
Mens Rea (Guilty Mind):-
“Law Master’s Publication”
“Nature and Concept of Crime” Prof. Santosh D. Bhosale
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Mens rea (guilty mind) is essential in determining criminal wrongs,
whereas it is not essential in adjudicating civil wrongs.
V]
DIFFERENCE BETWEEN ‘TORT’ AND ‘CRIME’:-
Originally, wrongs were either civil or criminal. Thus, detention,
conversion, and wrongful dismissals are purely civil wrongs, i.e. torts, whereas
Dacoity, Murder, Forgery, etc., are purely criminal wrongs, i.e. crimes. Both a
tort and a crime resemble each other in that both are violations of rights in rem,
and both rights and duties are fixed by law, irrespective of the parties' consent.
The following are the three points of distinction between these two-
1)
As to the nature of wrong: -
A tort is a private wrong. It is an infringement of an individual's private or
civil rights.
On the other hand, a crime is an invasion of public rights and duties
affecting society.
2) As to the remedy available: -
In tort, the wrongdoer has to pay compensation to the other party, whereas
in crime, the State punishes him. Even in crime, compensation to the victim may
be awarded in addition to punishment. However, this does not change the nature
of the remedy, i.e. punitive.
3)
As to the procedure: -
In tort, the suit is filed by the injured party himself in civil court, whereas,
in crime, the proceeding is taken and conducted in the name of the State in
criminal courts.
4)
Party to the proceeding:-
In a criminal proceeding, the ‘State’ itself acts as a party (on behalf of the
victim) since the crime is wrong against the whole society.
In a suit for tortious wrong, private individuals are the litigants before the
court.
5)
Mens Rea (Guilty Mind):-
Mens rea (guilty mind) is essential in determining criminal wrongs,
whereas it is not essential in adjudicating wrongs under tort.
VI]
1)
DIFFERENCE BETWEEN ‘CONTRACT’ AND ‘CRIME’.
As to the nature of wrong: -
A cause of action to claim damages or compensation arises in favour of an
individual under contract when one party to the contract commits a breach of its
terms, and it is purely personal.
“Law Master’s Publication”
“Nature and Concept of Crime” Prof. Santosh D. Bhosale
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On the other hand, a crime is an invasion of public rights and duties
affecting society.
2)
As to the remedy available: -
The person making a breach of contract has to pay damages or
compensation to another party, whereas, in crime, he is punished by the State.
3)
As to the procedure: -
For breach of contract, the suit lies in civil court, whereas in crime, the
proceedings are taken and conducted in the name of the State in criminal courts.
4) Party to the proceeding:-
In criminal proceedings, the ‘State’ itself constitutes a party (prosecutor)
since the crime is wrong against the whole society, whereas, in a suit for breach
of contract, private individuals are the litigants before the court.
5)
Mens Rea (Guilty Mind):-
Mens rea (guilty mind) is essential in determining criminal wrongs,
whereas it is not essential in a suit for breach of contract.
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