Indian Penal Code
Indian Penal Code
Q- 1.
Define crime, discuss its essential elements.
Ans- it is very difficult to give a correct and precise definition of crime, Glanville
Williams, admitted the impossibility of having a workable content based definition of crime, points out that the definition of crime is one of the sharp intellectual problem of law. Likewise Russell also admitted that – to define crime is a task which so far has not been satisfactorily accomplished by any writer.
Such a difficulty in ultimate analysis arises due to the changing nature of crime, an outcome of equally dynamic criminal and penal policy of a state.
However some sociologists, perceiving crime as a social phenomenon feel that criminal law in a sense, protects certain social interests, and any act which threatens or poses threat to this interests is define as crime.
In general terms crime is defined as an act punishable by law as forbidden by statue or injurious to the public welfare. It is very wide definition, any thing which is injurious to public welfare is crime, in modern complex society there are many things which are injurious or against the public welfare for example selling contaminated food molestation of young children, etc.
Blackstone defines crime:
An act committed or omitted in violation of a public law either forbidding or commanding it. But in this definition we have to understand what public law is?
According to Austinian public law is identical with constitutional law. That being so the crime would then mean an act done in violation of constitutional law. The definition thus would cover only the political offence leaving aside a vast area of other criminal behavior.
Blackstone also defines crime as violation of the public rights and duties due to the whole community considered as a community in its social aggregate capacity.
Stephen slightly modifies this definition and presents it in the following form:
A crime is a violation of a right considered
Q- 1.
Define crime, discuss its essential elements.
Ans- it is very difficult to give a correct and precise definition of crime, Glanville
Williams, admitted the impossibility of having a workable content based definition of crime, points out that the definition of crime is one of the sharp intellectual problem of law. Likewise Russell also admitted that – to define crime is a task which so far has not been satisfactorily accomplished by any writer.
Such a difficulty in ultimate analysis arises due to the changing nature of crime, an outcome of equally dynamic criminal and penal policy of a state.
However some sociologists, perceiving crime as a social phenomenon feel that criminal law in a sense, protects certain social interests, and any act which threatens or poses threat to this interests is define as crime.
In general terms crime is defined as an act punishable by law as forbidden by statue or injurious to the public welfare. It is very wide definition, any thing which is injurious to public welfare is crime, in modern complex society there are many things which are injurious or against the public welfare for example selling contaminated food molestation of young children, etc.
Blackstone defines crime:
An act committed or omitted in violation of a public law either forbidding or commanding it. But in this definition we have to understand what public law is?
According to Austinian public law is identical with constitutional law. That being so the crime would then mean an act done in violation of constitutional law. The definition thus would cover only the political offence leaving aside a vast area of other criminal behavior.
Blackstone also defines crime as violation of the public rights and duties due to the whole community considered as a community in its social aggregate capacity.
Stephen slightly modifies this definition and presents it in the following form:
A crime is a violation of a right considered