Government of India
Bare Act As Per The Government of India

What Is Crime?

Synopsis

Definitation of Crime Under BNS and IPC

There is no single definition of “crime” in the Bharatiya Nyaya Sanhita, but Section 2(24) BNS defines an “offence” as any act that is made punishable under this Sanhita.

A crime is an act or omission that is prohibited by law and punishable by the State according to the law for the welfare of public at large.

Crime is a combination of two essential elements, that is, Mens Rea (Guilty Mind) and Actus Reus (Guilty Act).

Crime = Mens Rea + Actus Reus

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) 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).

(c) 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).

(d) 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.