Constituents of a CRIME

[MENS REA (Guilty Mind/Intention) + ACTUS REUS (Guilty/Wrongful Act)]

General principle of Criminal law – “Actus not facit reum, nisi mens sit rea”. It means act and
intent must concur together to constitute a crime.

Stages of crime: Intention  Preparation  Attempt  Commission (Crime)

(Not liable) (Not liable) (Liable) (Liable)

MOTIVE INTENTION
 It propels your desire to do an act.  It is a state of mind.
 It is the ulterior objective behind  It is determined through act or
commission. conduct of a person.
 It is objective in nature.  E.g., how did you commit a crime?
 E.g., why did you commit a crime? Reason – Purchased gun, followed
Reason – Family dispute, Personal the victim, attempted etc.
enmity etc.

GENERAL EXCEPTIONS – It absolves the criminal liability of a person. (Law presumes absence
of MENS REA)

(1) INFANCY
 Nothing is an offence which is done by a child below 7 years of age. (Absolute
defence).
 Nothing is an offence done by a child above 7 yrs and less than 12 yrs of age – not
attained the sufficient maturity of understanding – to judge the nature and
consequences of his conduct (Immaturity).

(2) INSANITY – Nothing is an offence done by a person – “who at the time of doing it” – by
reason of unsoundness of mind – is incapable of knowing the nature of act – or what he is
doing either wrong or contrary to law.

(3) INTOXICATION – Law protects involuntary intoxication and not voluntary intoxication.
Nothing is an offence done by a person – “who at the time of doing it” – by reason of
intoxication - is incapable of knowing the nature of act – or what he is doing either wrong
or contrary to law.
[Note – Intoxication was done without his knowledge or against his will.]

(4) ACCIDENT – Nothing is an offence which is done by – accident or misfortune – without

any criminal intention or knowledge – in doing of a lawful act – in lawful manner – by
lawful means – with proper care & protection.
[Note – Accident is an unintentional and unexpected act. It implies no human fault and
beyond ordinary course of nature.]

(5) NECESSITY - Nothing is an offence – done with the knowledge of harm but without any
criminal intention to cause harm – act must have done in good faith – act is done for the
purpose of preventing or avoiding greater harm. (Doing smaller harm to prevent greater
harm) [NECESSITY KNOWS NO LAW]
 (6) PRIVELEGED ACTS (Act of Judge & Pursuant to Judgment)
 Nothing is an offence which is – done by a JUDGE – while performing judicial
functions given by law.
 Nothing is an offence – done in pursuance of – judgment or order of court – Such
person will get benefit of this exception. E.g., Hangman acting in pursuance of
judgment.

(7) RIGHT TO PRIVATE DEFENCE – Nothing is an offence which is done in the exercise
of the right of private/self defence.
What can be defended? – One’s own or others’ BODY / One’s own or others’
PROPERTY
When it can be exercised?
- When fear/threat/apprehension is sudden & imminent.
- Force used must be reasonable and proportionate.
- No time to approach public authority.

COMMON INTENTION
Meaning – It means prior meeting of minds or pre-arranged plans. It contemplates knowledge and
sharing of each other’s intention to commit a crime. If intention is common, then liability must also
be common.
If 2 or more persons who have common intention to commit a criminal act then each one of them
will be liable for all acts.
(a) Criminal act done by several persons (2 or more)
(b) It should be done “in furtherance of common intention of all”
(c) Then each one of them is held liable as if it were done by him alone.
[Note – Participation is must but presence is not.]

SIMILAR INTENTION – In similar intention, there is no prior meeting of minds. Intention is not
shared. Hence, for criminal act of one, others will not be held liable.

UNLAWFUL ASSEMBLY – An assembly of “5 or more persons” is designated an “unlawful

assembly”, if the common object of the persons composing that assembly is —
 First - To overawe by criminal force, or show of criminal force, Central Govt/State Govt/
Parliament/State Legislature/any public servant
 Second - To resist the execution of any law/of any legal process
 Third - To commit any mischief/criminal trespass/other offence
 Fourth - By means of criminal force, to take or obtain possession of any property, or to
deprive the enjoyment of a right of way/use of water or other incorporeal right
 Fifth - By means of criminal force, to compel any person to do what he is not legally bound
to do, or to omit to do what he is legally entitled to do.

ABETMENT – Abetment is a separate offence and an offence itself. It is an offence where you
abet/instigate/encourage someone to commit a crime. Abetment in following ways: -
(1) By Instigation – It is done by actively suggesting or by provoking or by inciting or by
urging a person to commit a crime.
(2) By Conspiracy – It requires engagement in a conspiracy with one or other person to do an
act or illegal omission and in pursuance of conspiracy; some act omission must have taken
place.
(3) By Intentional aid – Aiding means to facilitate the commission of crime. E.g., by providing
arms and weapons, revealing secret information etc.
CRIMINAL CONSPIRACY - When 2 or more persons “agree” to do, or cause to be done - an
illegal act – then such agreement is designated as criminal conspiracy.
[Note – Agreement is the gist of criminal offence]

SEDITION – (1) Whoever by words, either spoken or written, or by signs, or by visible

representation, or otherwise
(2) brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection
(Disaffection includes disloyalty and all feelings of enmity)
(3) towards the Government established by law in India, shall be punished for sedition.
[Note - Sedition has been omitted in BNS.]

Sec 152, BNS - Acts endangering the sovereignty, unity and integrity of India
Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible
representation, or by electronic communication or by use of financial means, or otherwise, excites
or attempts to excite secession or armed rebellion or subversive activities, or encourages feelings of
separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or
commits any such act shall be liable.

THEFT
 Whoever intending to take dishonestly (Dishonest means wrongful gain to one person or
wrongful loss to another person)
 Any movable property
 Out of possession of any person (Theft is committed against possession and not against
ownership)
 Without the consent of that person
 Moves the property in order to such taking is said to commit theft.

EXTORTION
 Whoever intentionally puts any person in fear of any injury (Injury to that person or any
other person)
 Dishonestly induces the person so put in fear to deliver to any person
 Any property or valuable security or anything signed or sealed which may be converted into
a valuable security (Both movable and immovable property)
 He is said to commit extortion

ROBBERY – In all robbery, there is either theft or extortion.

When theft is robbery – In order to commit theft/committing theft/In carrying or attempting to
carry away property obtained by theft + Voluntarily causes or attempts to cause any person – Death,
Hurt, Wrongful restraint OR Fear of instant death/Fear of instant hurt/Fear of wrongful restraint.

When extortion is robbery – If offender at the time of committing extortion + He is in presence of

the person and put him in fear + Fear of INSTANT death/INSTANT hurt/INSTANT wrongful
restraint + induces the person then & there to deliver up the thing (Immediate delivery is required
here).

DACOITY – Dacoity is basically robbery co-jointly committed by 5 or more persons.

CRIMINAL MISAPPROPRIATION OF PROPERTY – In CMP, possession comes innocently
first and later intention becomes dishonest by misappropriation of property.
 Whoever dishonestly
 Misappropriates or converts to his own use
 Any movable property
 Commits CMP
CRIMINAL BREACH OF TRUST
 Whoever, being in any manner entrusted with property, or with any dominion over property
 dishonestly misappropriates or converts to his own use that property or dishonestly uses or
disposes of that property in violation of any direction of law
 commits criminal breach of trust
[Note – Entrustment of property is sine qua non for the offence of CBT]

CHEATING
 Whoever, by deceiving any person
 fraudulently or dishonestly induces the person
 to deliver any property to any person
 intentionally induces the person so deceived to do or omit to do anything
 Act or omission causes damage or harm to that person in body, mind, reputation or property,
is said to “cheat”.

MISCHIEF
 Whoever with intent to cause or with knowledge that he is likely to cause
 wrongful loss or damage to the public or to any person
 causes the destruction of any property/any change in any property/destroys or diminishes its
value or utility/affects it injuriously
 commits “mischief”

CRIMINAL TRESPASS
 Whoever enters into or upon property in the possession of another
 with intent to commit an offence/to intimidate, insult or annoy any person in possession of
such property or
 having lawfully entered into or upon such property, unlawfully remains there with intent to
intimidate, insult or annoy any such person, or with intent to commit an offence
 is said to commit “criminal trespass”

DOWRY DEATH
 Where the death of a woman
 caused by any burns or bodily injury or occurs otherwise than under normal circumstances
 within seven years of her marriage and
 it is shown that soon before her death
 she was subjected to cruelty or harassment by her husband or any relative of her husband
 for or in connection with, any demand for dowry
 Such death shall be called “dowry death”, and such husband or relative shall be deemed to
have caused her death.
BIGAMY
 Whoever, having a husband or wife living
 marries in any case
 in which such marriage is void by reason of its taking place
 during the life of such husband or wife, commits bigamy.

WRONGFUL RESTRAINT
 Whoever voluntarily obstructs any person
 to prevent that person from proceeding in any direction
 in which that person has a right to proceed, is said wrongfully to restrain that person.

WRONGFUL CONFINEMENT
 Whoever wrongfully restrains any person
 to prevent that person from proceedings beyond certain circumscribing limits
 is said “wrongfully to confine” that person.

KIDNAPPING - Kidnapping is of two kinds: kidnapping from India and kidnapping from lawful
guardianship. (No mens rea is involved here)

Kidnapping from India Kidnapping from lawful guardianship

 Whoever conveys any person beyond  Whoever takes or entices
the limits of India [Conveys - to take  minor under 16 years of age if a male, or
somebody from one place to another] under 18 years of age if a female, or any
person of unsound mind,
 without the consent of that person  out of the keeping of the lawful guardian
or of some person legally authorised of such minor or person of unsound mind
to consent on behalf of that person  without the consent of such guardian,
 is said to kidnap such minor or person
 is said to kidnap that person from from lawful guardianship.
India [Lawful guardian - Any person lawfully
entrusted with the care or custody of such minor
or other person.]
ABDUCTION
 Whoever by force compels or by any deceitful means
 induces any person to go from any place
 is said to abduct that person.

CAUSING DEATH BY NEGLIGENCE

 Whoever causes the death of any person
 by doing any rash or negligent act not amounting to culpable homicide
 shall be liable for causing death by negligence.

ASSAULT – Gesture or preparation which raises apprehension that such person is about to use
criminal force, is said to commit assault. Mere words do not amount to assault. [NO PHYSICAL
CONTACT]
[Note – There should be close proximity or nexus b/w apprehension and criminal force.

CRIMINAL FORCE – It is intentional use of force, without person’s consent and such force is
used to commit an offence or intentionally causing injury, fear or annoyance. [ACTUAL
PHYSICAL CONTACT]