DEFINITION OF CRIME

CRIME DEFINITION 

Crime may be defined as acts or omissions constituting the offence, prohibited or punishable by penal law. 

However the one accepted definition of crime cannot be emerged. What kind of acts or omissions constitutes crime cannot be identified because of its changing nature from place to place and from time to time. 

The very definition of a crimes varies not only with the values of the particular group or society, their traditions, customs, taboos etc, but also with type of government, political, economic and other factors. For example what may be offence against the property in the capitalist culture may be the peaceful way of living in the socialist society. Moreover what is now a crime might not be so some 60-70 years back. For example, sati, dowry, untouchability etc were not the crimes few years back as they are today. Parliament by the legislation, can also scrap a crime and make the act legal. For example, induced abortion was a crime until 1971, but now in some cases it is legal under Medical Treatment of Pregnancy Act, 1971. 

According to Merriam-Webster dictionary, crime is defined as an illegal act by which someone can be punished by the government, or a grave offence specially against morality. 

Similarly, Britannica dictionary defined crime as an intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited and punishable under criminal law. 

Based on the above two definitions of crime, we can classify crime into two broad categories;

Natural law theory : Natural law theory relies on the individual feeling , thier moral sense and on their instinct of what is right. Simply, in natural law, something which violates the moral or ethical code is a crime and not otherwise.

Positive law theory : Law in this sense is also known as 'man-made law.' Crime here constitutes only those acts which are declared crime by the government or are prohibited by the criminal law. Under this view, crime is referred to as the violation of man made comand of a sovereign. For instance killing of a neighbour unreasonably does not constitute to be a crime until the sovereign authority made it to be the crime. This theory always suffers with the problem of unjust laws as the laws made by the sovereign authority remains to be the law, violation of which continues to be the crime untill repealed. However this theory is benefitted for the practicable application to communities of diverse races, religions, classes, culture etc.



Comments

Post a Comment

Popular posts from this blog

Kailash Wati V. Ajodhia Parkash case summary

Image
KAILASH WATI Vs. AJODHIA PARKASH PUNJAB AND HARYANA HIGH COURT  19 NOV 1976 CASE UNDER SECTION 9 OF HINDU MARRIAGE ACT. Question before the court Whether the hindu marriage act sanctify or recognise (what may be called as) week end marriage as of a right at the unilateral desire of the wife. Facts of the case The appellant smt. Kailash Wati was married to the respondent Ajodhia Parkash in June 1964. Both of them before marriage were posted as village level teachers. Wife at her parental village of Bilga and husband at kot Ise Khan. After marriage the wife was transferred to her husband's station and they lived together in the matrimonial home for 8-9 months. Contention of the parties Husband : The allegation of the husband is that the wife has got herself transferred back to her parental village and ever since has been residing there with her parents against his wish. Therefore he filled an application for the restitution of conjugal rights under section 9 of HINDU MARRIAGE ACT. 
Read more

Savitri Pandey V. Prem Chandra Pandey summary

Image
SAVITRI PANDEY Vs. PREM CHANDRA PANDEY SUPREME COURT OF INDIA  2002 CASE FOR SECTION 13 OF HINDU MARRIAGE ACT ON THE GROUNDS OF CRUELTY AND DESERTION Facts of the case :  The appellant - wife approached the court for the dissolution of marriage under section 13 of HMA alleging cruelty and desertion against the husband.  Contention of the parties :  Petitioner : Petitioner plead for the dissolution of marriage on the grounds of cruelty and desertion by the husband. Respondent  : Respondent - husband argued that no acts of cruelty were performed to the wife and the petitioner is trying to take advantage of her own wrong.  JUDGEMENT :  The trial court passed the decree in favour of the wife. The court observed that although nothing can establish cruelty against husband, desertion by husband provides sufficient grounds for dissolution of marriage.    High court opined that there was nothing to prove cruelty as against husband and further there was also nothing to prove the desertion by th
Read more

Swaraj Garg V. K. M. Garg summary

Image
SWARAJ GARG  Vs. K.M. GARG DELHI HIGH COURT MARCH 7, 1978 . CASE UNDER SECTION 9 OF HINDU MARRIAGE ACT Question before the court : Where will be the matrimonial home located after the marriage when both the parties are gainfully employed and there does not exist any agreement either implied or written before the marriage.  Facts of the case : The wife Swaraj - petitioner lived in her village, Sunam, from 1956 and techer at the the school. She was the head mistress at government high school in 1969. She got married to the respondent in 1964. The husband was not having a satisfactory job and earn only 500 p/m in Delhi where he resides. She came to live with her husband for some time and then grt back to her village and continue living there. The Husband therefore filed the petition under section 9 of Hindu Marriage Act for restitution of conjugal rights.  Contention of the parties :  Petitioner  : The petitioner argued that respondent's condition is not satisfactory that he can maint
Read more