CRIME, ELEMENTS OF CRIME AND

GENERAL EXCEPTIONS TO CRIMES

CRIME/OFFENCE

• the word "offence" denotes a thing made punishable by this Code.

• Crime has four elements
MENS REA

ACTUS REUS

CONCURRENCE

CAUSATION
ELEMENTS OF CRIME

1.CRIMINAL INTENT (MENS REA)

• In order for a criminal act to qualify as a crime, the mental state of the perpetrator
must be taken into consideration. The theory of mens rea dictates that a defendant
can only be held culpable when there is criminal intent.
• What is meant by the concept of mens rea, however, varies widely. In 2016, the US
Supreme Court issued a decision that backed the American Law Institute’s definition
of the term in their Modern Penal Code (MPC). The MPC states that an individual
may be considered guilty if they have
acted purposely, knowingly, recklessly, or negligently.
CONTI….

2. CRIMINAL ACT (ACTUS REUS)

Actus reus, which is Latin for “guilty act,” refers to any unlawful act or unlawful omission
of an act that takes place. An act must be voluntary—the defendant must control the
action—in order for it to be deemed a criminal act. If a defendant acts on reflex, then
they may not be liable for their actions.
Words can in fact be considered criminal acts and incur the following charges: purgery,
verbal threats, conspiracy, or solicitation. Thoughts, on the other hand, are not
considered a criminal act but can instead contribute to the second element: intent.
ELEMENTS OF CRIME….

3. CONCURRENCE
• Concurrence refers to the coexistence of criminal intent and a criminal act.
Without evidence that the mens rea preceded or occurred at the same time as
the actus reus, then the burden of proof falls short
• 4. CAUSATION
• This fourth element of a crime is present in most, but not all criminal cases.
Causation refers to the relationship between the defendant’s conduct and the
end result. The prosecution must prove beyond a reasonable doubt that the
defendant’s actions were what led to the resulting crime in question, which is
typically harm or injury.
PUNISHMENTS

Setion 53 of Pakistan Penal Code 1860 provides The punishments to which offenders are liable under the
provisions of this Code are:
Firstly, Qisas;
Secondly, Diyat;
Thirdly, Arsh;
Fourthly, Daman;
Fifthly, Ta'zir;
Sixthly, Death;
Seventhly, Imprisonment for life;
Eighthly, Imprisonment which is of two descriptions, namely:-- (i) Rigorous, i.e., with hard labour; (ii) Simple;
Ninthly, Forfeiture of property; Tenthly, Fine
GENERAL EXCEPTIONS

1. Act done by a person bound, or by mistake of fact believing himself

bound, by law: Nothing is an offence which Is done by a person who is, or who
by reason of a mistake of fact and not reason of a mistake of law in good faith
believes himself to be, bound by law to do it. Illustrations (a) A, a soldier, fires
on a mob by the order of his superior officer, in conformity, with the commands
of the law. A has committed no offence. (b) A an officer of a Court of Justice,
being ordered by that Court to arrest Y and after due enquiry, believing Z to
be Y arrests Z. A has committed no offence.
2.Act of Judge when acting judicially: Nothing is an offence which is done by
a Judge when acting judicially in the exercise of any power which is, or which in
good faith he believes to be, given to him by law.
3. Act done pursuant to the judgment or order of Court: Nothing which is done
in pursuance of, or which is warranted by the judgment or order of, a Court of
Justice, if done whilst such judgment or order remains in force, is an offence,
notwithstanding the Court may have had no jurisdiction to pass such judgment or
order, provided the person doing the act in good faith believes that the Court
had such jurisdiction.
4.Act done by a person justified, or by mistake of fact believing himself justified, by
law: Nothing is an offence which is done by any person who is justified by law, or who
by reason of a mistake of fact and not by reason of a mistake of law in good faith,
believes himself to be justified by law, in doing it.
Illustration A sees Z commit what appears to A to be a murder. A, in the exercise, to
the best of his judgment, exerted in good faith of the power which the law gives to all
persons of apprehending murders in the act, seizes Z, in order to bring Z before the
proper authorities. A has committed no offence, though it may turn out that Z was
acting in selfdefence.
5.Accident in doing a lawful act: Nothing is an offence which is done by
accident or misfortune, and without any criminal intention or knowledge in the
doing of a lawful act in a lawful manner by lawful means and with proper care
and caution.
Illustration A is at work with a hatchet; the head flies off and kills a man who is
standing by. Here if there was no want of proper caution on the part of A, his
act is excusable and not an offence
6.Act likely to cause harm, but done without criminal intent, and to prevent other
harm: Nothing is an offence merely by reason of its being done with the
knowledge that it is likely to cause harm, if it be done without any criminal
intention to cause harm, and in good faith for the purpose of preventing or
avoiding other harm to person or property. Explanation: It is a question of fact
in such a case whether the harm to be prevented or avoided was of such a
nature and so imminent as to justify or excuse the risk of doing the act with the
knowledge that it was likely to cause harm.
• Illustrations (a) A, the captain of a steam vessel, suddenly and without any fault or negligence
on his part, finds himself in such a position that, before he can stop his vessel, he must
inevitably run down a boat B, with twenty or thirty passengers on board; unless he changes
the course of his vessel, and that, by changing his course, he must incur risk of running down a
boat C with only two passengers on board, which he may possibly clear Here, if A alters his
course without any intention to run down the boat C and in good faith for the purpose of
avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he
may run down the boat C by doing an act which he knew was likely to cause that effect, if it
be found as a matter of fact that the danger which he intended to avoid was such as to
excuse him incurring the risk of running down C.
7 Act of a child under seven years of age: Nothing is an offence, which is done
by a child under seven years of age.
8. Act of a child above seven and under twelve of immature understanding:
Nothing is an offence which is done by a child above seven years of age and
under twelve, who has not attained sufficient maturity of understanding to judge
of the nature and consequences of his conduct on that occasion.
9. . Act of a person of unsound mind: Nothing is an offence which is done by a
person who, at the time of doing it, by reason of unsoundness of mind, is
incapable of knowing the nature of the act, or that he is doing what is either
wrong or contrary to law.
10. Act of a person incapable of Judgment by reason of intoxication caused
against his will: Nothing is an offence which is done by a person who, at the time
of doing it, is, by reason of intoxication, incapable of knowing the nature of the
act, or that he is doing what is either wrong, or contrary to law; provided that
the thing which intoxicated him was administered to him without his knowledge
or against his will.
11. Act not Intended and not known to be likely to cause death or grievous hurt,
done by consent: Nothing which is not intended to cause death, or grievous hurt,
and which is not known by doer to be likely to cause death, or grievous hurt, is
an offence by reason of any harm which it may cause, or be intended by the
doer to cause, to any person, above eighteen years of age, who has given
consent, whether express or implied, to suffer that harm; or by reason of any
harm which it may be known by the doer to be likely to cause to any such
person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies
the consent of each to suffer any harm which in the course of such fencing, may
be caused without foul play; and if A, while playing fairly, hurts Z, A commits no
offence
12.Act not intended to cause death, done by consent in good faith for person's
benefit: Nothing, which is not intended to cause death, is an offence by reason
of any harm which it may cause, or be intended by the doer to cause, or be
known by the doer to be likely to cause, to any person for whose benefit it is
done in good faith, and who has given a consent, whether express or implied, to
suffer that harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause of death of
Z, who suffers under the painful complaint, but not intending to cause Z's death,
and intending, in good faith for Z's benefit, performs that operation on Z with
Z's consent. A has-committed no offence
13Act done In good faith for benefit of child or insane person, by or by consent
of guardian: Nothing which is done in good faith for the benefit of a person
under twelve years of age, or of unsound mind, by or by consent, either express
or implied, of the guardian or other person having lawful charge of that
person, is an offence by reason of any harm which it may cause, or be intended
by the doer to cause or be known by the doer to be likely to cause to that
person: Provided First: That this exception shall not extend to the intentional
causing of death, or to the attempting to cause death;
14. Act done in good faith for benefit of a person without consent: Nothing an
offence by reason of any harm which it may cause to a person by whose
benefit it is done in good faith even without that person's consent, if the
Circumstances are such that is impossible for that person to signify consent, or if
that person is incapable of giving consent, and has no guardian or other person
in lawful charge of him from whom it is possible to obtain consent in time for the
thing to be done with benefit:
• Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the
shot may kill Z, but not intending to kill Z, and in good faith intending Z's
benefit A's ball gives Z a mortal wound. A has committed no offence.
15.Communication made in good faith: No communication made in good faith
is an offence by reason of any harm to the person to whom it is made for
the benefit of that person.
Illustration A, a surgeon, in good-faith, communicates to a patient his opinion
that he cannot live. The patient dies in consequence of the shock. A has
committed no offence, though he knew it to be likely that the communication
might cause the patient's death
16. . Act to which a person is compelled by threats: Except murder, and offences
against the State punishable with death, nothing is an offence which is done by
a person who is compelled to do it by threats, which, at the time of doing it,
reasonably cause the apprehension that instant death to that person will
otherwise be the consequence:
17.Things done in private defense: Nothing is an offence which is done in the exercise
of the right of private defense.
Right of private defence of the body and of property: Every person has a right,
subject to the restrictions contained in Section 99, to defend; First: His own body, and
the body of any other person, against any offence affecting the human body;
Secondly: The property, whether movable or immovable, of himself or of any other
person, against any act which is an offence falling under the definition of theft,
robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery,
mischief or criminal trespass.