Crime Vs Crime

1100 Words5 Pages
Crime is a social phenomenon. It arises first when a state is organized, People set up rules, the breaking of which is an act called crime. Crime may be defined as the commission of acts prohibited by penal law, and criminal as persons who commit such acts. Considering crime philosophically, the fundamental issues is whether to define crime naturally by the laws of god, or positively by the laws of man. In essence, is crime god-made or man-made? In the course of western civilization, god’s law evolved into natural law. Crime became a breach of nature’s order, nature being the ideal state of affairs ordained by god. God’s connection with natural law became progressively attenuated, and nature came to receive primary emphasis. Crime as sin receded…show more content…
Concurrence - Mens Rea and Actus Reus must occur at the same time-that is, the criminal intent must precede or coexist with the criminal act, or in some way activate the act. The necessary MENS Rea may not continually be present until the forbidden act is committed, as long as it activated the conduct that produced the criminal act. However, for criminal liability to occur there must be either overt and voluntary action or a failure to act when physically able as required by statute or law. 4. Causation - many crime include an element that actual harm must occur. In other words, causation must be proved. For example, homicide requires a killing, aggravated battery requires serious bodily injury and without those respective outcomes, those respective crimes would not be committed. The Indian penal code elaborates different kinds of offences. The abetment and criminal conspiracy are one of the offences which is discussed in chapter V or V-A of the Indian penal code. It was held in Ganglia v. state of Andhra Pradesh, that abetment involves mental process of instigating or intentionally aiding person to do certain thing. Some positive act by accused is essential to constitute abetment.…show more content…
The distinction between the two categories of principles I the first and second degree is of little practical consequence since both are liable to be awarded with equal punishment. Those who present at the timeof commission of the deed but are associated with it either before or after its commission are classified as: (iii) Accessory before the fact- he who though absent at the time the crime is committed, counsels, procures, pr commands another to commit the crime. He may be tried as though he himself had committed. (iv) Accessory after the fact- he who knowing the fact that a particular person has committed a crime, harbours and assists him in escaping punishment. For example- A instigates B to murder M. C encourages b by shouting “kill him” and D puts a knife in his hand. B thereby kills M. E knowing that B had killed M harbours him in order to enable him to escape from
Open Document