ESSENTIALS OF CRIME
1. INTRODUCTION:
In Pakistan, any act that contravenes the public law and is either prohibited or mandated is considered a crime. The criminal law is systematically organized and documented in the Pakistan Penal Code and other related statutes. These laws outline the actions that are considered criminal and the corresponding punishment for each offense. Any individual found guilty of committing a crime, as defined under these laws, is subject to legal prosecution and may face severe consequences.
2. CROSS-REFERENCE;
Section 11, 44,189,190,385, of the PPC 1860.
3. MEANINGS OF THE TERM CRIME:
(i) Literal Meanings:
Crime means, "Activities that invoke breaking the law, an illegal act or activity that can be punished by law".
(ii) Legal Meanings:
Crime means, "Every offence punishable by law".
4. DEFINITION OF CRIME:
(i) According to Black's Law Dictionary:
"A positive or negative act in violation of penal law."
(ii) According to Black Stone:
(a) "An act committed or omitted in violation of a public law forbidding or commanding it."
His other Definition is:
(b) "Crime is a violation of public rights and duties due to the whole community being considered as a community."
(iii) According to Stephen:
"A crime is a violation of right considered about the evil tendency of such violation as regards the community at large."
(iv) According to Austin:
"A wrong which is pursued at the discretion of the injured party or his representatives ives in a civil injury, a wrong which is pursued by sovereign or his subordinates is a crime."
(v) According to William:
"A crime is an act i.e. capable of being followed by criminal proceedings, having one of the types of outcome (punishment, etc.) known to follow criminal proceedings."
(vi) According to Islamic Law:
"In Islamic law, crimes are generally associated with sin. Thus crimes have to be morally wrong. Further, this morality is not based upon what the public may consider to be right or wrong, that is, moral or immoral, rather it is the lawgiver who determines the morality or immorality of an act."
(vii) Case Law Definition:
Mellor vs Denhum (1880)
Crime is the conviction for the breach of by law.
5. ESSENTIALS OF CRIME:
(1) HUMAN BEING: (Section 11)
The first essential of a crime is that the act must be committed by a human being who;
(i) Must be under legal obligation to act in a particular manner, and
(ii) Should be a fit subject for award of appropriate punishment.
According to Section 11 of the Penal Code of Pakistan, the term "person" encompasses not only individuals but also companies, associations, and any group of people, whether incorporated or not. The use of the word "person" in this context, therefore, extends to artificial or juridical persons. This provision underscores the legal recognition of non-human entities as legal persons, which allows them to participate in commercial and legal transactions on an equal footing with natural persons..
Case Law:
Abdul Qadir vs Ishtiaq Hussain (1971 PCr. LJ 537)
(II) MENS REA:
Mens Rea, also known as "evil intent", is an integral element in defining a crime. It is impossible for any act to be considered a crime if it is not committed with an evil mind. Mens Rea is a fundamental principle of penal liability as every crime requires a mental element. Even in strict or absolute liability cases, where the offender is held liable despite lacking mens rea, some mental element is still required. Therefore, it can be concluded that Mens Rea is an essential aspect of defining and punishing criminal behavior.
Case Law:
Gul Afzal vs The State PLD (1992 Pesh 125c)
Held; the existence is nonexistence of specific mens rea is a crucial factor in a case of attempt to commit Qatl-i-Amd.
(III) ACTUS REUS
Some overt act or illegal omission is necessary to take place in pursuance of the guilty intention. It is said that something in addition to a Mens Rea is required to produce criminal harm, and the Actus Rea is constituted by the event and not by the activity that caused it.
(IV) INJURY:
(it is essential that the injury should be illegally caused to any person ie., a human being in body, mind, reputation, or property. The word injury is widely connotated and includes all injuries caused by tortious acts—three sections of the Pakistan Penal Code deal with threats of injury.
Section 189 threat of injury to a public servant.
Section 190, the threat of injury to induce a person to refrain from applying for protection to public servants.
Section 385 puts a person in fear of injury to commit extortion.
6. CONCLUSION:
In order for an action to be considered a crime, it must meet certain criteria. These criteria include the presence of a human being who committed the act (Actus Reus), the presence of a guilty mind or intent to commit the crime (Mens Rea), and the occurrence of harm or injury (Injury). If all of these elements are not present, then the act is considered an Innocent Act. As per Cavendish Law Cards, a crime can be defined as Actus Reus + Mens Rea + Absence of a valid defense.
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