Crime: Meaning, Definition, and Essential Elements under Indian Law*
Introduction
The concept of crime lies at the very foundation of criminal law. In simple terms, crime is any act or omission that is forbidden by law and punishable by the authority of the State. It represents behavior that not only violates the law but also threatens the moral and social order of society.
Though the idea of crime is universal, its definition and interpretation vary from country to country depending upon their legal systems and moral values. What may be considered a crime in one nation might not be in another. Hence, defining “crime” with complete precision is a challenging task.
Definition of Crime
Sir William Russell once remarked that no one has satisfactorily defined crime. Yet, jurists have attempted to describe it in various ways.
• According to Stephen:
“Crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of society.”
• According to Miller:
“Crime is the commission or omission of an act which the law forbids or commands under pain of a punishment to be imposed by the State in its own name.”
Each jurist defines crime differently, based on their perspectives and the social context of their time. The essence, however, remains the same — a crime is a wrongful act or omission punishable under the law.
Essential Elements of Crime
For an act to be called a crime, certain essential elements must coexist. These elements are:
1. Human Being
2. Mens Rea (Guilty Mind)
3. Actus Reus (Guilty Act)
4. Injury to a Human Being
1. Human Being
The first essential element of a crime is that it must be committed by a human being. To be criminally liable, a person must be capable of understanding their legal obligations and must be within the scope of the law.
Under the Bharatiya Nyaya Sanhita (BNS), 2023,
• Section 2(19) and 2(35) state that ‘man’ and ‘woman’ include persons of any age.
• However, Section 20 of BNS provides that a child below 7 years of age cannot commit a crime, as they lack criminal intent (doli incapax).
Animals, though punished in ancient times, are no longer treated as offenders. Instead, their owners are held liable for their actions.
Further, Section 2(26) of BNS defines ‘person’ to include a company, an association, or a body of persons, whether incorporated or not — recognizing both natural and artificial persons.
Example:
• A kills B → Crime
• A steals C’s property → Crime
2. Mens Rea (Guilty Mind)
The second essential element is Mens Rea, which means a guilty mind or criminal intent. It is a fundamental principle of criminal law that no act is a crime unless it is done with a guilty intention.
Legal Maxim: Actus non facit reum nisi mens sit rea
(An act does not make a man guilty unless his mind is also guilty).
The presence of Mens Rea determines whether the act was intentional, reckless, or merely accidental. Without criminal intention, liability is generally not imposed — unless the statute specifically excludes the need for mens rea.
Judicial Interpretations:
1. Sherraz v. De Rutzen (1895) 1 QB 918
• Wright J. held that mens rea is to be presumed in every statute unless the contrary is clearly expressed.
2. Hobbs v. Winchester Corporation (1910) 2 KB 471
• Justice Kennedy opined that the requirement of mens rea depends upon the wording and intent of the statute.
3. R v. Prince (1875) L.R. 2 C.C.R. 154
• The accused took a girl below 16, believing she was 18. The Court held him guilty, ruling that ignorance of fact was no defense.
4. Queen v. Tolson (1889) 23 QBD 168
• Recognized that a reasonable mistake of fact may negate mens rea.
5. State of Maharashtra v. M.H. George (1965)
• A German smuggler brought gold into India, unaware of a Reserve Bank notification prohibiting it. The Supreme Court held that mens rea was not required for this offense, establishing that ignorance of law is no excuse.
6. Nathu Lal v. State of M.P. (AIR 1966 SC 43)
• The Court ruled that mens rea is an essential element of a criminal offence, unless expressly excluded by statute.
Mens Rea in Indian Law
Indian law is codified, and the elements of offences are specifically defined in statutes. The presence of mens rea is reflected through words like:
• Intentionally, voluntarily, dishonestly, fraudulently, corruptly, negligently, rashly, etc.
In Prabhat Kumar Singh v. State of Bihar (2021), the Court discussed the application of mens rea in cybercrime cases, emphasizing that criminal intent is crucial even in digital offences.
3. Actus Reus (Guilty Act)
Maxim: Actus reus non facit reum nisi mens sit rea
(An act is not guilty unless the mind is guilty).
Actus Reus refers to the physical act or omission that constitutes the external component of a crime. It may include:
• A positive act (commission), or
• A failure to act when there is a legal duty to do so (omission).
Examples:
• A thinks of killing B — not a crime (mere intention).
• A hits B with a rod intending to kill him — crime (commission).
• A watches his child drown and does nothing — crime (omission).
Thus, actus reus must be accompanied by mens rea to constitute a punishable offence.
4. Injury to a Human Being
The final element of crime is injury caused to another person or to society at large.
Without harm or injury, there is generally no crime — except where the law penalizes the act itself.
Under Section 2(14) of the Bharatiya Nyaya Sanhita (BNS):
“Injury denotes any harm whatever illegally caused to any person in body, mind, reputation, or property.”
Example:
Driving without a valid license is a crime, even if it does not cause actual harm — because it endangers public safety and violates statutory law.
Conclusion
In conclusion, crime is not merely a wrongful act but a violation of the legal and moral code of society. It requires the coexistence of key elements — a human being, mens rea, actus reus, and injury. The balance between guilty mind and guilty act forms the cornerstone of criminal jurisprudence in India.
The modern Bharatiya Nyaya Sanhita (BNS) continues to uphold these classical principles of criminal law while adapting to contemporary social realities. Understanding these elements helps in appreciating how law differentiates between mere accidents and punishable offences — ensuring justice and order in society.
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