What Is Crime with Examples
Synopsis
- Definitation of Crime Under BNS and IPC
- Essential Elements of Crime
- (a) Human Act
- (b) Act or Omission
- (c) Mens Rea (Guilty Mind)
- (d) Actus Reus (Guilty Act)
- (e) Prohibited by Law
- (f) Punishable under Law
- (g) Injury/Harm
- Examples of Crime under BNS and IPC
- Conclusion
Definitation of Crime Under BNS and IPC
There is no single definition of “crime” in the IPC, but in general legal understanding, a crime means any wrongful act or omission which is forbidden by law and is punishable by the State.
The BNS and IPC does not define the word crime, but it defines and lists various offences and their punishments. Section 2(24) BNS and Section 40 IPC says “Offence” denotes a thing punishable under the BNS and IPC.
Crime is an act that the law says should not be done, and if someone does it, the person is punished by the State. Thus, Any act or omission which is punishable under the BNS / IPC is considered a crime.
Essential Elements of Crime
A crime usually includes the following elements:
(a) Human Act
A crime must be committed by a human being.
Example: A stone falling from a hill and killing someone is not a crime.
(b) Act or Omission
A crime can be doing something illegal (act) or not doing something which law requires (omission).
Example: A public servant failing to record information (Sec. 199 BNS / Sec. 166A IPC).
(c) Mens Rea (Guilty Mind)
There must be an evil intent or knowledge (a guilty mind) to commit the act.
Example: Intentionally causing hurt (Sec. 115(2) BNS / Sec. 323 IPC).
(d) Actus Reus (Guilty Act)
There must be an prohibited act. There must be a physical act or omission done in pursuance of the guilty intent.
Example: Taking away someone’s property without consent (theft – Sec. 303(1) BNS / Sec. 378 IPC).
(e) Prohibited by Law
The act must be forbidden by the Bharatiya Nyaya Sanhita / Indian Penal Code or any criminal statute.
(f) Punishable under Law
Every crime must have a punishment mentioned in law.
Example: Punishment for murder (Sec. 103 BNS / Sec. 302 IPC).
(g) Injury/Harm
The act must result in injury or harm to another person, property, or society, as defined by the provisions.
Examples of Crime under IPC
1) Theft
Taking someone’s moveable property dishonestly without consent.
Example: Stealing a mobile phone.
2) Murder
Causing death with intention or knowledge in the circumstances listed in Sec. 101 BNS / Sec. 300 of IPC.
Example: Killing a person during a planned attack.
3) Hurt
Causing bodily pain, disease, or infirmity.
Example: Slapping someone and causing injury.
4) Cheating
Deceiving someone and making them deliver property or act/omit something.
Example: Taking money for a job offer that does not exist.
5) Criminal Trespass
Entering another’s property unlawfully with intent to commit an offence or to intimidate/annoy.
Example: Entering someone’s house forcibly.
6) Defamation
Harming a person’s reputation through spoken or written words.
Example: Posting false accusations online to damage someone’s image.
Conclusion
In Indian criminal law: Crime is any act or omission which is prohibited by the BNS / IPC and is punished by the State. It includes wrongful acts such as theft, murder, cheating, hurt, defamation, etc. The main idea behind criminal law is to protect society and maintain public order.
Bare Act As Per The Government of India