Friday, 18 February 2022

Criminal Law


Introduction: Criminal law deals with the criminal, and helps to protect the societies and security of individual interests and ensure the survival of different groups in society. 

There are two types of criminal law: 

  1. Substantive law: In this law the substance defines law and punishment like IPC. The right and obligation that govern people and organization it include all law of general and specific applicability. 

  2. Procedural law: It include the procedure, and establish the legal rules by which substantive law is created, applied and enforced particularly in court. Example: CRPC CPC. Criminal Law 

The criminal law deals with the different kind crime took place in our society now question arises that what is the Crime? 

 Judge Blackstone defines crime as an act committed or omitted in violation of a public law either forbidding or commanding it. 

 Oxford Dictionary defines crime as an act punishable by law as forbidden by statute or injurious to the public welfare, not only against individual, but crime against the society. 

Offence and Crime 

Crime is an act or omission punishable by law. But the offence is a particular crime as per law all offence can be consider as a crime but crime didn’t consider as offence because the offence is a part of crime, crime is a broader term and offence is a part of crime.

Civil wrong and Criminal wrong 

Civil wrong is committed is committed against the individual, and criminal wrong are committed against the state or property. Civil; wrong are to enforce the right, while the criminal wrong are to punish the wrong doing, civil wrong are to determine the right and liability of the parties, while the criminal wrong are to determine whether the accused is guilty or not. In civil wrong damages, injunction specific and performed, in criminal wrong there is fine imprisonment or death penalties are remedies. 

There are two main component of the Crime. 

First is Mens Rea and second is Actus Reus.

Actus Reus: Actus Reus is a Latin phrase for guilty act. To prove crime against a person the essential ingredient to be prove is actus reus which mean to prove a crime there are some act is been done. It is a wrongful deed that comprises the physical components of a crime that must be coupled with mens rea for one to be held criminally liable. 

  1. Human action which is usually termed as conduct.

  2. The result of such act in the specified circumstances which is designated as injury.

  3. Such act as it prohibited by law. 

Mens Rea: it is a Latin phrase for guilty mind basically the state of mind. In a case the prosecution must prove that the defendant had the mental element or guilty mind while committing a crime to secure a conviction. When the act does it with a guilty mind, causing injury to an assailant in self dependence is not a crime but the movement injury is caused with the intent to take revenge the act become criminal likewise shooting in air is no crime but shooting with the intent to kill a man is crime.  




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