“The Concept of Crime and Characteristics of Criminal Law in Criminology”. 2:Mala in Se and Mala Prohibita in Criminology: A Detailed Analysis
“The Concept of Crime and Characteristics of Criminal Law in Criminology” . I The Concept of Crime and Characteristics of Criminal Law 1. Meaning of Crime Crime means an act which is forbidden by law and is punishable by the State. It is not just a private wrong but a public wrong , because it affects society’s peace and order. In simple words: “A crime is an unlawful act which the State punishes in the interest of society.” Example: Theft, murder, rape, cheating – all are crimes because they harm not only the victim but also disturb society’s peace. 2. Essential Elements of Crime For an act to be considered a crime, four elements must be present: Human Being – Crime must be committed by a person who is legally responsible. Example: A child below 7 years (Sec. 82 IPC) cannot commit crime because of lack of understanding. Mens Rea (Guilty Mind) – Intention, knowledge, or negligence must be there. Case: State of Maharashtra v. Mayer Hans George (196...