Crime is any wrongful act perpetrated against the society at large. It affects not only the victim but also the entire society. It is so heinous in nature that it calls for strict action to prevent it as well as to punish the wrongdoer. Crime includes the commission of an unlawful act as well as the omission of a legal duty.
Elements of crime
(1) Wrong doer- the person resorting to an act that tends to cause harm is the wrong doer. He is the perpetrator. His hand is the one that wields the weapon causing damage.
(2) Wrong intention- wrongful intention or “mens rea” is an essential element in crime. A man cannot be held liable for something that he did unknowingly. “Actus non facit reum nisi mens it rea” is an important maxim meaning that any act is not a crime if it has been committed without a wrongful intention. Wrong intention can be inferred from terms such as, knowingly, willingly, fraudulently, dishonestly and so on.
(3) Wrongful act- wrongful act or “actus reum” is the actual act that tends to cause harm. It is the physical manifestation of the wrong intention. A wrongful act is punishable in a court of law as it tends to disrupt the social order.
(4) Damage- a wrongful act when successful leads to some form of damage to the victim in particular and to the society at large. This damage might be caused to the victim’s person or property or reputation. The victim can claim compensation for the damage incurred by him along with the punishment to the wrongdoer.
Stages of crime
The actual occurrence of a wrongful act can be divided into four stages starting from the time a guilty intention is formed to the actual occurrence of the offence. These stages are:
(1) Stage of intention- this is the first stage of crime and it constitutes the formation of a guilty intention in the mind of the wrongdoer. This stage constitutes the mental element and is the time when the person can change his decision. It is not punishable as it is impossible to know what a person is thinking.
(2) Stage of preparation- this is the second stage of crime and it constitutes the first overt step towards the actual commission. During this stage, the person begins to bring together means for committing the act of crime. This stage is, in general, not punishable barring a few exceptions, like procuring machinery for making counterfeit notes/coins, planning for sedition as at this stage also it is possible that the person can change his mind.
(3) Stage of attempt- this is the third stage of crime and it is punishable by the law as under it the person has taken some positive step to cause damage.
(4) Stage of commission- this is the fourth or final stage in which the wrongful act purported has been actually committed successfully leading to the damage sought for. This is punishable under law.
