DEFINITION OF CRIME AND

ELEMENTS OF CRIME

INTRODUCTION:
Certain moral sentiments develop in the history of
human society, how they developed is not our present
concern certain of these moral sentiments become of such
interest to the whole group that conduct out ranging then
a made a crime. There is a relation between crime and
immorality. In early societies these crimes arrows out of
the feeling that conduct that offended the diety
threatened the general security. Crime is a changing
concept, dependent upon the social development of a
people that is upon the fundamental interests and values
dominating their common beliefs.
DEFINITION OF CRIME:
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 and points out that the definition of
crime is one of the sharp intellectual problems of law.
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 defined 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 orcommanding it.
o Public law is that part of law which governs
relationships between individuals and the
government, and those relationships between
individuals which are of direct concern to the society.

According to Austin - public law is identical with

constitutional law.
o Constitutional law is the body of law which defines
the relationship of different entities within a state,
namely, the executive, the legislature, and the
judiciary.
o The definition thus would cover only the political
offence leaving aside a vast area of other criminal
behavior.

Stephen slightly modifies this definition and

presents it in the following form: A crime is a
violation of a right considered in reference to the
evil tendency of such violation as regards the
community at large. Blackstone defines crime only
the violation of public rights, while Stephen
includes the element of violation of public duties
as well.

But for example a directors of a company fail to

manage its affairs properly the mill is closed, workers are
rendered unemployed, production of a commodity
essential for the society is stopped. Will it not be an act
which is injurious to public or the society? Can we
prosecute the directors for any crimes? The answer is
certainly not, then what is crime?
a. Stephen observed a crime is a violation of a right
considered in reference tothe evil tendency of
such violation as regards the community at large.
b. Austin - According to Austin, crime is any act or
omission which the law punishes. Awrong which is
pursued at the discretion of the injured party and his
representatives isacivil injury: a wrong which is pursued
by the sovereign or his subordinates is a crime.
c. Prof. S. W. Keeton - According to Prof. Keeton, A crime
today would seem to be any undesirable act, which the
state finds most convenient to correct by the institution
of proceedings for the infliction of a penalty, instead of
leaving the remedy to the direction of some injured
person.
d. Oxford Dictionary - Oxford Dictionary defines crime as
an act punishable by law as forbidden by statute or
injurious to the public welfare.
Some jurists define crime as those legal wrongs
which violently offend our moral feelings.Some jurists
define crime according to the interference by the state
in such acts. In civil cases the statedoes not interfere
until actual wrong has been committed, and even then
itdoes not interposeunless proceedings are initiated by
the person actually affected by it. Incriminal matters
the statemaintains an elaborate police staff to prevent
offences and if one iscommitted an action may
beinstituted by the state without the cooperation of the
party injured.

Thus we see that an attempt to define the word crime

has been made by profound jurists andthinkers over
the time but because of its ever-changing nature from
time to time, society to society, circumstances to
circumstances and case to case, it is a difficult task to
give a definition of crime which would be precise and
applicable in every case.

BIBLIOGRAPHY
P.S.A Pillais CRIMINAL LAW, 11th Edn, K.I. Vibhute,
Lexis Nexis, 2012
Textbook on THE INDIAN PENAL CODE, K.D.Gaur,
4th Edition, 2013