Chapter 2: Concept of Crime

Chapter 2: Concept of Crime

a) Introduction of Crime

• In a broad sense crime is an act against society. State reacts against the criminal on behalf of the victim.
• Bad moral behavior is crime.
• Violation of criminal law.
• An act can be crime if only it is criminalized by law
• Actus reas + Mens rea - General defense = Crime.

• In strict sense crime is an act committed against criminal law.

   

b). Definition of Crime 

• Interpretation Act 2010 section 2(d)- define offence as act or omission punishable by law.
• Garofalo- Crime is immoral activity regarded as crime by public.
• William Blackstone- Crime is to do the thing prohibited by law and not to do the thing allocated by law.
• Emile Durkheim- Crime is normal phenomena.
• Crime is human conduct that is prohibited by law, and which have provision of criminal sanction.

c).  Essential element of crime

• Human conduct prohibited by public law
• Provision of criminal sanction.

b) Classification of crime

1. On the basis of subject matter

1. Offence against person 

   Homicide, rape, kidnapping 

2. Offence against sex

   Rape, sexual slavery

3. Offence against property

   Theft, robbery

4. Offence against state

   Treason 

2. On the basis of grievousness

1. Simple offence

   Up-to 3 years imprisonment (theft, fraud)

2. Grievous offence (definition in Section 3 च of Muluki Criminal code 2074,)

   3-10 years imprisonment

3. Heinous offence (definition in 3 छ of MCC 2074.)

   10 years above imprisonment

3. On the basis of bailment

1. Bailable offence

   Fraud, forgery

2. Non bailable offence

   Rape, homicide

4. On the basis of morality 

1. Morally turpitude (नैतिक पतन)

   Kidnap, rape, homicide

2. Morally non-turpitude

   Polygamy

5. On the basis of punishment of criminal liability

1. Relative liability 

   Homicide, rape

2. Strict liability

   Traffic offender, drugs

3. Vicarious liability

   Child instructed to commit crime

4. Inchoate liability 

   Incitement, conspiracy 

6. On the basis of color crime: 

1. White collar crime

   Crime done by person in the post. For e.g. corruption 

2. Blue color crime

   Crime committed by labor.

3. Green color crime

   Environment related crime